Opening and Managing a Law Office

The resources below provide an overview of practical, legal, and professional ethics considerations when opening, managing, and closing a law office.

General principles of professional competence and integrity

Consider reviewing the following select professional duties applicable to practitioners in California:

• BPC §6068(d) Attorney Duties
• BPC §6106 Disciplinary Authority of the Courts re Attorneys
• Rule 3.1 Meritorious Claims and Contentions
• Rule 3.3 Candor Toward the Tribunal
• Rule 8.3 Reporting Professional Misconduct
• Rule 1.15 Safekeeping Funds and Property of Clients and Other Persons

Opening a practice

Consider reviewing the following inexhaustive list highlighting important issues that arise when opening a law practice:

Legal Structure Guidance

• California Secretary of State - Business Entities
• State Bar of California – Limited Liability Partnerships
• State Bar of California – Law Corporations

Opening a Client Trust Account

• CTA Resources
• Rule 1.15 Safekeeping Funds and Property of Clients and Other Persons

Client Fees

• Sample Fee Agreement
• Approved Fee Arbitration Programs
• Fee Arbitration Resources for Attorneys
• Arbitration Advisories

Client Neglect and Abandonment

• Rule 1.1 Competence
• Rule 1.3 Diligence
• Rule 1.4 Communication with Clients
• Rule 1.16 Declining or Terminating Representation
• BPC §6068(m) Attorney Duties re Client Communication

Client Diminished Capacity

• Rule 1.2 Scope of Representation and Allocation of Authority
• Ethics Opinion 2021-207 Ethical Obligations of a Lawyer for a Client with Diminished Capacity

Disaster Preparedness and Recovery

• California Small Business Development Centers - Disaster Resource Guide
• ABA – Disaster Resources

Closing a practice

Consider reviewing resources applicable to the closing of a law practice and succession planning:

• The State Bar of California – Guidelines for Closing or Selling a Law Practice
• Transfer of Estate Planning Documents Form
• Agreement to Close Law Practice in the Future Form
• California Probate Code §730-735 Termination by Attorney
• Successor Lawyer Duties When a Lawyer Dies

Special requirements for immigration practice

Note that immigration practitioners must abide by certain requirements when providing legal services:

• BPC §6148 Attorney Fees
• Civil Code §1632 applicable to Attorney Fee Agreement Language
• Immigration Notice Forms – multilingual

Ethics and wellness resources

Consider consulting State Bar and other resources to assist with ethics questions and support in maintaining wellness to help ensure the competent practice of law:

• State Bar of California Ethics Hotline
• State Bar of California Lawyer Assistance Program, voluntary and monitored
• Institute for Well-Being in Law