Till Death Do Us Plan: Louisiana Considers New Ethics Rules
The Louisiana Supreme Court is considering new ethics rules
CALL FOR COMMENTS
March 15, 2016 – April 15, 2016
PROPOSED RULES OF PROFESSIONAL CONDUCT 1.17 AND 1.19
The Louisiana Supreme Court is considering the adoption of two new Rules of Professional Conduct, Rule 1.17 and Rule 1.19.
Proposed Rule 1.17 would permit an attorney to sell his or her law practice. Proposed Rule 1.19 addresses attorneys’ obligation to implement succession plans in the event of their death or disability from practicing law.
The proposed rules may be accessed by following the applicable links below:
Proposed Louisiana Rule of Professional Conduct 1.17
Proposed Louisiana Rule of Professional Conduct 1.19
Before further consideration of the adoption of the proposed rules, the Supreme Court is interested in hearing comments on these documents from members of the Bar and the public.
*Please note that any comments submitted pursuant to this notice are available for public inspection.
PLEASE REVIEW THE PROPOSED RULE CHANGE AND SEND YOUR COMMENTS BY APRIL 15, 2016 TO:
Lauren McHugh Rocha
Louisiana Supreme Court
400 Royal Street, Suite 1190
New Orleans, LA 70130-8101
OR EMAIL YOUR COMMENTS TO: lrocha@lasc.org
Proposed Louisiana Rule 1.19
(a) Lawyers should prepare written, detailed succession plans specifying what steps must be taken in the event of their death or disability from practicing law.
(b) As part of any succession plan, a lawyer may arrange for one or more successor lawyers or law firms to assume responsibility for the interests of the lawyer’s clients in the event of death or disability from practicing law. Such designation may set out a fee sharing arrangement with the successor. Nothing in this rule or the lawyer’s designation shall prevent the client from seeking and retaining a different lawyer or law firm that the successor, and the client must be advised of that option. The lawyer to be designated must consent to the designation.
(c) A registry shall be maintained by the Louisiana State Bar Association. Each lawyer shall designate any successor lawyer on the lawyer’s annual registration statement.
My thought is that the Rules of Professional Conduct set minimum standards of conduct violation of which subjects an attorney to professional sanction.
A Rule that contains “should” and “may” arguably ought to be relegated to comment rather than rule status. The ABA deals with the concern in a comment to Model Rule 1.3
[5] To prevent neglect of client matters in the event of a sole practitioner’s death or disability, the duty of diligence may require that each sole practitioner prepare a plan, in conformity with applicable rules, that designates another competent lawyer to review client files, notify each client of the lawyer’s death or disability, and determine whether there is a need for immediate protective action. Cf. Rule 28 of the American Bar Association Model Rules for Lawyer Disciplinary Enforcement (providing for court appointment of a lawyer to inventory files and take other protective action in absence of a plan providing for another lawyer to protect the interests of the clients of a deceased or disabled lawyer).
(Mike Frisch)