For the Defense - Vol. 5, Issue 2 - 26
Ethical Succession
Planning for Solo Firms:
Exit Stage Right
T
hree years ago, after over two decades
of practicing in small firms, medium sized
firms and big firms, I decided to open a solo
practice. A solo practice offers two things critical
to work satisfaction: flexibility and autonomy.
With that come other attractions: there is
no billable hours requirement and a book of
business can be scaled very comfortably when
it only supports one attorney. The downside
of solo practice is there is no one to share the
responsibility for clients or revenue generation.
It's all you.
In this world of "inter-connection" there
are ways to ameliorate the solitude. As our
PACDL members know, joining an association
of lawyers in your field of practice can be a
lifesaver, especially if it hosts a helpful listserv. For
example, the PACDL listserv provides its members
with access to emergency advice, help with court
appearances, crowd-sourced brainstorming of
legal issues, and updates on new decisions and
their consequences.
But what about the solo practitioner who is
reaching the end of his or her career? The issue
26
For The Defense l Vol. 5, Issue 2
Ellen C. Brotman
of succession was brought to every lawyer's
attention during last year's registration period.
The attorney registration form included a new
section regarding succession planning, requiring
each lawyer to indicate whether they had
designated a successor. While filling out the
form was required, failure to have a designated
successor is NOT a violation of the Rules of
Professional Conduct or the Pennsylvania Rules of
Disciplinary Enforcement. The additional question
was intended to encourage "each Pennsylvania
attorney to begin seriously contemplating the
need for succession planning."1
One could argue that the duties to represent
a client competently and diligently, as laid out,
respectively, in Rules of Professional Conduct 1.1
and 1.3, require an attorney to have a succession
plan in the event of an unexpected event that
prevents the attorney from protecting his client's
interests. The Philadelphia Bar Association
Professional Guidance Committee has stated
"that the continuing nature of the ethical duties
imposed by the Rules weighs heavily in favor of
lawyers taking steps to anticipate the closure of
their practices due to death or disability even if
For the Defense - Vol. 5, Issue 2
Table of Contents for the Digital Edition of For the Defense - Vol. 5, Issue 2
Contents
For the Defense - Vol. 5, Issue 2 - 1
For the Defense - Vol. 5, Issue 2 - 2
For the Defense - Vol. 5, Issue 2 - Contents
For the Defense - Vol. 5, Issue 2 - 4
For the Defense - Vol. 5, Issue 2 - 5
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