While retirement is usually planned, the sudden death or disability of an attorney requires contingency planning.
It’s especially important for private-practice attorneys to designate a representative on their ARDC registration documents or certify that they have made a similar designation in a succession plan or comparable agreement. The representative would be able to take limited fiduciary action if the designating attorney loses the capacity to run his or her firm, abandons the practice, or dies, thus preventing the negligence of client matters.