Cessation of Practice
Look to the Texas Rules of Disciplinary Procedure, Part
XIII: Rule 8.04(a)(10) of the Texas Disciplinary
Rules of Professional Conduct and the Interpretive Comments, Advertising
Review Committee, Comment 23 for information about rules and procedures
related to the cessation of practice.
The following articles may also provide additional and
valuable information:
“Dealing with the Death of a Solo Practioner,”
James E. Brill, 2000
With copies of Texas Professional Ethics Opinions 266 (1963),
464 (1989) and
479 (1991), relating to the sale of a law practice
“Dealing with the Death of a Solo Practioner: The Chaos
of the Current Rules,” James E.
Brill, 2003
“Dealing with the Death of a Solo Practioner,”
TLIE 2001
“Dealing with the Death of a Solo Practioner, Part
2,” TLIE 2001
“Checklist for Closing or Selling a Law Practice,”
Jay Foonberg, 2002
“Checklist for Valuing a Law Practice,” Jay Foonberg
“The Transitioning Lawyer, How to Meet Your Ethical
Obligations,” GPSOLO, Jan/Feb
2000
“Disposition of Deceased Sole Practioner’s Client
Files and Property,” American Bar
Association, Standing Committee on Ethics and Professional Responsibility, Formal
Opinion 92-369, December 7, 1992
EthicSearch: When a Lawyer Dies, March 2006, American Bar Association
Additional Resources Regarding when a Lawyer Dies, ABA Center for Professional
Responsibility, printed from website, 3/29/2006
‘How To Protect Yourself in Office-Sharing Arrangements,’ TLIE
1992
“Archiving Legal Files: Document Retention of Closed Legal Files: Ethical Dilemmas
and
Hidden Traps,” Jerry Selinger and Steve Borgman, Texas Bar Journal,
Feb1994
“What to Do if the Client Demands the File,” TLIE, 1995
American Bar Association, Senior Lawyers Division, Recommendations for Programs
to
address death or disability of lawyers, May 21, 1997
“Planning to Close Your Office,” Luther Jones, CDC, Dallas,
2002
See also:
“The Guide: Planning Ahead: Establish an Advance Exit Plan to Protect Your
Clients’ Interests in the Event of Your Disability, Retirement or Death,”
New York
State Bar Association’s Special Committee on Law Practice Continuity,
available
online at www.nysba.org.
“Planning Ahead: A Guide to Protecting Your Clients’ Interests
in the Event of
Your Disability or Death, A Handbook and Forms,” Oregon State
Bar Professional
Liability Fund, 1999, available by contacting Barbara S. Fishleder,
Director of
Loss Prevention, Oregon State Bar, 1-503-639-6911.
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