SUCCESSION PLANNING

Every lawyer should have a plan in place to protect clients and colleagues for the time when he or she no longer can practice.

In 2014, the State Bar Aging Lawyer Issues Task Force issued a report to the State Bar Board of Directors. The task force wanted to develop resources for attorneys on issues related to aging, such as transitioning to retirement, mental health issues, and staying connected to the community.

Here are some of those resources to assist lawyers with their succession planning.

EDUCATION & CLE

State Bar of Texas

• Texas Bar CLE: “Lawyer Competency in the 21st Century”

• Closing a Law Practice

• Texas Young Lawyers Association “Experienced Attorneys Opening Doors for Newly Licensed Attorneys. MYTHS BUSTED”

• Texas Bar Journal Articles: “The Graying of the Profession”

American Bar Association (ABA)

• ABA Succession Planning

• Annual Meeting presentation: Transitioning Out of Practice. Anthony Robert Palermo.

• Joint Committee on Aging Lawyers

Videos

• How to Identify & Respond to Issues of Cognitive Impairment

Articles

• Apps for Aging Lawyers: Prostheses for the Mind?

• Dick and Jane Come of Age: Avoiding Discrimination Against the Aging Attorney. Written by Katrina Grider and presented by Allan Dubois.

• Disciplinary and Disclosure Issues for the Impaired Attorney. Panel: Sara Patel Pachecho, Billy Shepherd, Randy Johnston, Stephanie Strolle. Written with the assistance of Lamar Sellers.

• Just in Case: Strategies for Successfully Transitioning Your Law Practice. Rebekah Steely Brooker.

• Mid-life Planning for Aging Well. Mark E. Kunik, M.D., M.PH.

• Nimbleness: Managing Your Life and Law Practice in the Golden Years. Kenneth G. Raggio.

• Recognizing Signs of Impairment in the Aging Attorney. Glen O. Gabbard, M.D., and Gabrielle S. Hobday, M.D.

• Retirement Financial Planning. Tony Eisenberg.

• The Brave New World of Estate Planning. Tina R. Green.

• What Options Exist when you Recognize a Problem? Bree Buchanen, Darlene Smith, and Lisa M. Villareal-Rios.

• What the Aging Attorney Needs to Know About Professional Liability Insurance (Including Tail Insurance). David D. Disiere.

• What to do When You or Another Attorney Can No Longer Practice Law. Claude Ducloux.

Mental Health

• Cognitive Self-Assessment Tool A Self-Administered Gerocognitive Exam (SAGE) was developed by the Ohio State University Medical Center and is available on their website. The SAGE is designed to detect early signs of cognitive, memory, or thinking impairments. The results of the exam should be discussed with a physician if there are any concerns.

• “Identifying and Assisting Lawyers and Judges with Cognitive Impairment.” National Council for Lawyer Assistance Programs, Susan Stone, James Van Norman

• Mental Health and Addiction Issues in Older Adults. Joan Bibelhausen.

• Texas Lawyers Assistance Program – The Texas Lawyers’ Assistance Program (TLAP) provides confidential help for lawyers, law students and judges who have problems with substance abuse and/or mental health issues.

• Transitioning with Dignity: The ABC’s of Helping the Senior Lawyer. Texas Lawyers’ Assistance Program.

• Transitions: Embracing Life's Changes. Oregon Attorney Assistance Program.

• Working Paper on Cognitive Impairment and Cognitive Decline. ABA CoLAP Senior Lawyer Assistance Committee

Closing a Practice

• Attorneys: How to Protect Your Clients and Your Firm in the Event of Your Death, Disability, Impairment, or Incapacity

• Clients: What to Do if Your Attorney Dies, Disappears, Becomes Disabled or is Suspended or Disbarred

• Staff and Family Members: What to Do When Your Boss or Relative is No Longer Able to Practice Law

• Judges: Guidelines for Assuming Jurisdiction of a Law Practice

• Custodians: A Handbook for Attorneys Assuming Another Attorney’s Practice

• Volunteer Custodians Needed!

• More information

• More information from the Law Practice Management Program of the State Bar of Texas

Staying Connected

• ProBonoTexas.org - A website for pro bono lawyers and legal services staff who are currently or interested in volunteering with a Texas pro bono program.

• The Pro Bono Texas Campaign. Supporting Attorneys in Pro Bono Service.

• New Opportunities Volunteer Attorney Pro Bono Program (NOVA) - Learn more about this program that allows retired, inactive, emeritus or out-of-state-licensed attorneys to provide pro bono services to fellow Texans.

• Serving on a State Bar Standing Committee

• Join a State Bar Section

• Links to Local Bar Association Websites

• Texas Lawyers for Texas Veterans – Texas Lawyers for Texas Veterans is a State Bar of Texas program to develop and assist pro bono legal clinics throughout the state for military veterans who otherwise cannot afford or do not have access to the legal services they need.

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