A signature project of ISBA President Hon. Russell W. Hartigan (ret.) is to address a situation where a lawyer becomes disabled or is otherwise no longer able to provide legal services to his or her clients. Oftentimes, but particularly with respect to solo practices, no one is prepared or competent to step in and protect client interests or the disabled lawyers’ business interests.  

At the beginning of President Hartigan’s term, he established the Special Committee on Succession and Transition Planning to consider these issues. The Committee has published a number of documents to help lawyers prepare for unplanned life events and drafted a proposed Illinois Supreme Court rule and commentary that would ensure that all active Illinois licensed lawyers have in place appropriate plans and procedures in the event of an unplanned closure of their practice. Several states, including Iowa, Maine, Florida, and Indiana, already have such rules in place.

In substance, the proposed rule: (1) would require all active Illinois lawyers to designate a lawyer (or other entity) to carry out certain authorized, but limited, activities in the event of the designating lawyer’s disability or, in the alternative, certify that the lawyer has corporate or estate documents in place authorizing someone to carry out those activities; (2) would require lawyers to maintain a readily available list of passwords and security protocols to access the lawyer’s electronic files; (3) identifies a number of limited activities that the designated representative is authorized, but not required, to undertake in the event of the lawyer’s disability; (4) provides legal protections for the designated representative; and (5) makes clear that the activities authorized under the proposed rule are limited, and that a designated representative’s role is not to take over a practice.  

The Committee encourages you to take a look at the proposed rule and commentary and send any comments you have about it to ISBASuccession@isba.org by April 30. Any and all comments are welcome. This proposed rule will be considered by the Board at its May 11, 2018 meeting, and ultimately by the Assembly on June 16, 2018.