The State Bar seeks public comment on Proposed Formal Opinion Interim No. 20-0002 (Succession Planning).
Deadline: September 11, 2023, at 11:59 p.m.
Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.
The State Bar Standing Committee on Professional Responsibility and Conduct (COPRAC) is charged with the task of issuing advisory opinions on the ethical propriety of hypothetical attorney conduct. In accordance with applicable State Bar policy and procedure, the committee shall publish proposed formal opinions for public comment. (See State Bar Board of Trustees Resolutions July 1979 and December 2004. See also, Board of Trustees Resolution November 2016.)
Proposed Formal Opinion Interim No. 20-0002 considers:
What are a lawyer’s ethical obligations to engage in succession planning?
The opinion interprets rules 1.1, 1.3, 1.4, 1.7, 1.9, 1.15, 1.16, 1.18, and 5.1 of the Rules of Professional Conduct and Business and Professions Code sections 6068, subdivision (e)(1), and 6185.
The opinion advises that, under certain circumstances, a lawyer may have a duty to engage in succession planning to protect client interests in the event the lawyer is unable to continue practicing law. While there is no specific Rule of Professional Conduct requiring that a California lawyer develop or adopt a succession plan, existing rules—including the duties of competence and diligence—obligate lawyers to take reasonable steps to protect the clients’ interests during the course of the representation. This would include taking affirmative steps to plan for an interruption or cessation of practice, voluntary or otherwise. The opinion explains that there is a risk of prejudice to clients exists when their lawyer is unable to continue practicing law, either temporarily or permanently, and that this risk applies to all lawyers.
At its May 12, 2023, meeting, and in accordance with their procedures, COPRAC tentatively approved Proposed Formal Opinion Interim No. 20-0002 for a 90-day public comment distribution.
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Committee on Professional Responsibility and Conduct
September 11, 2023, at 11:59 p.m.