Logistics
Date: Nov 2, 2016
(Following the Bar Luncheon)
Time: 1:15-2:55pm
Venue: Ritz Charles, Overland Park
CLE Accreditation:
2.0 KS (pending)
Cost:
$60 JCBA Member.
$90 Non Member. / Title: How to Ethically Retire or Die (and what happens if you don’t make it)
Moderators:
Charles J. Andres, Editor, KBA Handbook on Probate & Trust Administration, Olathe, KS
Tim Owens, Retired Attorney (Emeritus Status)
Speakers:
- Stan Hazlett, Office of the Disciplinary Administrator, Topeka, KS
- Christian A. Stiegemeyer, Dir. of Risk Management, The Bar Plan Mutual Ins. Co.
- John P. Gerstle, Olathe, KS
- Tim Owens, Retired Attorney (Emeritus Status)
- Mary Ellen Rose, Retired Attorney
- Tama Aga, Retired Attorney
This CLE speaks to solo lawyers, and those who are considering solo practice, how to plan for their law practice and their clients if something happens to them.
In general, a lawyer has an ethical obligation under Rules 1.1 Competence and 1.3 Diligence to protect a client’s interests upon a lawyer’s death, disability or retirement. While formal succession planning is not required for Kansas lawyers, it is strongly encouraged as it is not just for unexpected events. ABA Formal Opinion 92-369 states that in order to fulfill the obligation to protect client files and property, a lawyer should prepare a future plan for the maintenance and protection of client interests in the event of the lawyer's death. When it comes to retirement, a succession plan functions as a roadmap on how to close the law practice; to wrap up its financial matters; and to ensure that clients are protected. When the lawyer fails to adequately plan, the “default provisions” under the probate and/or corporate code as well as SCt Rules 220 and 221 apply so that proper persons can be appointed to take control of the law practice, protect the interests of the clients, and if necessary, to operate and/or wind down the affairs of the practice.
The speakers will discuss, including applicable ethics rules, the following “take aways”:
1. What does the Office of the Disciplinary Administrator expect of lawyers regarding succession planning including the sale of the law practice in a confidential manner.
2. What are the applicable default provisions when the lawyer fails to adequately plan including the interplay between the probate and corporate code; and what is the best organizational structure for a smooth transition including sample lifetime and testamentary forms.
3. What are the legal malpractice concerns upon death, disability or retirement, and what are the legal malpractice concerns of lawyers who act or take charge upon death or disability including a review of various Checklists addressing these concerns.
4. What is the role of the “Rule 221 Attorney” appointed to inventory the files of the inactive, disappeared, deceased, suspended, or disbarred attorney, and what authority should be granted “to protect the interests of the attorney and the attorney's clients” as it relates to giving notice to courts and active clients; client trust account transactions and disputes; and control/return of client files including a sample Order Appointing Rule 221 Attorney
5. What are the ethical concerns that a lawyer must consider when planning for retirement and/or the closing of the law office including a) ethical obligations to clients and funds held in trust; b) file destruction procedures and/or transfer to new counsel; c) formal withdraw procedures from cases: d) achieving inactive status in good standing; e) office property sale and/or division; and f) the winding down of the corporate, tax and lease obligations.
The primary focus of this CLE is to discuss what solo lawyers, and those who are considering solo practice, should be thinking about protecting their law practice and clients, and what steps should be implemented now in order to ethically walk away (retire) within a 3 to 5 year window. This CLE will also focus on what the lawyer’s family or friends must do to protect the legacy of the lawyer upon the death or disability.
Registration
Register on line at complete the following information and return with payment to JCBA.
Name
Firm
Address
City/State/Zip
Telephone
Payment
Credit Card / Master / Visa / Discover / Check #
Amount / JCBA Member / $60.00 / Non Member / $90.00
Return registration form to:
Tracey DeMarea, Johnson County Bar Association
130 N. Cherry, Suite 202 | Olathe, KS 66061
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