The Atlanta Lawyer November 2017 | Page 13

dering papers and property to which the client is entitled, and refunding any advance payment of fee that has not been earned. these clients to pick up copies of their files if they wish, and make arrange- ments for turnover, storage or confi- dential destruction of the closed files. Make sure you inform each client of any time limitations or deadlines in their particular cases. If your client has identified a successor attorney, gather the file and prepare a transfer memo so that you can transfer the file to that new attorney. For your clients who have not yet identified a succes- sor attorney, make arrangements for those clients to pick up copies of their files. For clients with active cases, pro- vide them with an accounting and a statement of any amounts owed. Take steps to ensure the settlement of client accounts is done promptly even if some pending cases may not be resolved or collected until after representation is resolved. If you intend to sell your law practice, Rule 1.17 provides ethical guidelines. You may sell a law practice, including goodwill, if the practice is sold as an entirety to another lawyer or firm, actual written notice is given to each client, and the fees charged will not be increased by reason of the sale. The actual written notice must inform the clients of the proposed sale, the terms of any proposed change in the fee agreement, the client’s right to retain other counsel or take posses- sion of the file. Along the same lines, make an inven- tory of all funds and property in your operating and trust accounts. Make sure you reconcile your bank state- ments and identify which funds are due to your clients and which funds are due to third parties. Remember that per Rule 1.15(I)(a), complete re- cords of your trust accounts must be preserved for a period of six years after termination of the representation. If there are unclaimed client funds in your trust account, you may remove the remaining funds and deliver them to the custody of the State of Georgia in accordance with the Disposition of Unclaimed Property Act if you have first exhausted all reasonable efforts to locate the rightful recipient. See Georgia Rules of Professional Conduct Formal Advisory Opinion 98-2. FOLLOW US ON @atlantabar When you make the decision to close your practice, studying the relevant ethical rules and creating a plan and timeframe for accomplishing neces- sary tasks will ensure the process is a smooth one and will protect both you and your clients. ▪ Useful Resources These resources were used in prepar- ing this article and may provide ad- ditional guidance to you as you wind down your practice: Closing Your Law Practice: Ethical Considerations, ABA (February 2017) The Basic Steps to Ethically Closing a Law Practice, Illinois Attorney Registration and Discipline Commission Plan Ahead for Closing a Law Practice; Lawyers Mutual Liability Insurance of Company of North Carolina ( July 2016) For those clients with closed cases, notify them of your intention to close your practice and advise them of your retention policy. Arrange a time for The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER 13