Wednesday, November 3, 2010
The California State Board of Governors has adopted a sample contract with which a lawyer can designate a surrogate to take control of the practice in case of death or disability. Without such an agreement, the California Bar seeks a court order to take over the practice. It collects the files and attempts to return them to the clients and does not try to find a new attorney to take over cases. New York and Indiana also have successor programs in place. Here is an article on the subject in the California Bar Journal. The article contains a link to the sample contract and to guidelines for dealing with the situation.