Succession Planning for California Attorneys

Why succession planning matters

Unexpected events or a gradual decline in ability can prevent an attorney from continuing to represent clients, creating a serious risk of harm. This risk applies to every attorney, whether practicing alone, in a small firm, or at a large firm. Attorneys have an ethical duty to protect their clients’ interests, even if they cannot continue practicing. Attorneys must assess whether their ethical duties require a succession plan, recognizing that in many cases reasonable planning is necessary to ensure ongoing client protection.

To assist with succession planning, the State Bar of California provides a Succession Planning Guide and sample templates that walk you through the process of planning for continuity and client protection. These tools are designed to help licensees create a practical plan that they can implement and update over time. These resources are designed to be used alongside Cal. State Bar Formal Opn. No. 2024-209.

Succession Planning Guide

Additional resources

The sections below provide practical tools to support succession planning, including checklists tailored for both the planning attorney and the assisting attorney. It also contains sample forms that can be adapted to fit the needs of your practice. Please check back periodically, as the State Bar will continue to release additional templates and materials.

Checklists

Templates – Sample Forms Related to Establishing and Aiding an Assisting Attorney

  • Law Office List of Contacts Sample (Word Doc | PDF)
  • Notice of Designated Assisting Attorney Sample (Word Doc | PDF)
  • Notice of Designated Authorized Signer Sample (Word Doc | PDF)
  • Notice of Designated Emergency Practice Coordinator Sample (Word Doc | PDF)
  • Power of Attorney Documents Sample (Word Doc | PDF)
  • Specimen Signature of Attorney-In-Fact Sample (Word Doc | PDF)
  • Succession Planning Agreement Sample (Word Doc | PDF)
  • Will Provisions Sample (Word Doc)

Templates – Sample Forms Related to Organizing, Transitioning, or Closing a Law Office

  • Acknowledgment of Receipt of File Sample (Word Doc | PDF)
  • Authorization for Transfer of Client File Sample (Word Doc | PDF)
  • Letter to Opposing Counsel Sample (Word Doc)
  • Letter to the Court Sample (Word Doc)
  • Letters for Closing Your Law Office Samples (Word Doc)
  • Office Closure File Tracking Chart Sample (Word Doc | PDF)
  • Request for File Sample (Word Doc | PDF)

State Bar of California Acknowledgments

This guide was developed by the Office of Professional Competence with help from Catherine Ongiri, Program Director; Rachel Brewer, Managing Attorney; Elbert Lee, Lead Program Analyst; Jake Glaser, Senior Program Analyst; Christina Gates, Senior Program Analyst; and Soh-Yeon Lee, Senior Program Analyst.

Acknowledgment and Reprint Permissions

Portions of this handbook and related materials were adapted with permission from the Oregon State Bar Professional Liability Fund handbook, Planning for the Unexpected, Copyright 2023. All rights are reserved except that licensed legal professionals in California may use this material for their own law practice or to assist another licensed legal professional closing their office. It may be reproduced for classroom instruction or by nonprofit organizations for informational, noncommercial purposes only. Acknowledgment of original publication by the Oregon State Bar Professional Liability Fund is required for any reproduction. Contact the Professional Liability Fund for other use cases.

In addition, the State Bar of California thanks the State Bar of Arizona for allowing us to reprint and adapt portions of its Practice 2.0 Resources for use by California attorneys and conform its content for the operations of their firms.

Disclaimer 

The State Bar as a regulatory entity does not provide legal advice to licensees. The information provided in these resources should not be used as a substitute for obtaining legal advice. You should always consult a suitably qualified attorney regarding any specific legal problem or matter.

The guide and supplemental materials are designed to minimize the likelihood of you or your estate being sued for legal malpractice in the event of your death, impairment, or incapacity. The material presented does not establish, report, or create the standard of care for attorneys. The material is not an exhaustive analysis of the topic and readers should conduct their own appropriate legal research.