Presented by Barbara E. Cashman, Esq. Business Continuation Planning for Solo/Small Firm Elder Law and Estate Attorneys March 16, 2017 Presented by Barbara E. Cashman, Esq. and Sarah Pheral, Esq. barb@DenverElderLaw.org

What Me . . . . Plan!? We (solos) are not alone! If we cannot face death, we cannot face life January 2013 ABA Journal article about death of a solo: http://www.abajournal.com/magazine/article/death_of_a_practice_terminally_ill_lawyers_friend_faces_closing_down_firm Dealing with certain uncertainties and uncertain certainties – read my blog post at: http://www.denverelderlaw.org/solo-attorney-estate-and-succession-planning-overcoming-inertia/

What Me . . . Plan? A “second” for your professional liability provider is just a start! Why don’t you have a plan – what is holding you back? Getting real and getting started When do I know if I really need one? What is at stake?

Lawyer’s Fiduciary Duty to Clients The Rest. 3d of the Law Governing Lawyers §16, A Lawyer’s Duties to a Client – In General To the extent consistent with the lawyer’s other legal duties and subject to the other provisions of this Restatement, a lawyer must, in matters within the scope of the representation: 1. Proceed in a manner reasonably calculated to advance a client’s lawful objectives, as defined by the client after consultation; 2. Act with reasonable competence and diligence; 3. Comply with obligations concerning the client’s confidences and property, avoid impermissible conflicting interests, deal honestly with the client, and not employ advantages arising from the client-lawyer relationship in a manner adverse to the client; and 4. Fulfill valid contractual obligations to the client.

Lawyer’s Fiduciary Duty to Clients Is an interruption in practice a breach of fiduciary duty (inability to fulfill valid contractual obligations to the client)? Short term or long term disability? Planning as if you might be an “Affected Attorney” Wouldn’t you rather select your “Assisting Attorney?”

Getting started with a plan I have put together several documents which include a checklist, a limited durable POA and some will provisions You can nominate your Assisting Attorney (agent under your POA) as Inventory Counsel Putting together a “good enough” plan that can be updated, amended, revised etc.

Take your pick. . . . Uncertain certainties Certain uncertainties We’re all gonna die! Are you planning on retiring someday or are you committed to die with your boots on? Do you intend to leave a big mess from your failure to plan for the inevitable or are you just willing to let that happen? If something happens to me What if your boots fall off before you die? Taking responsibility now can have an immediate beneficial impact on your job, er. . . . Practice.

How to Find an Assisting Attorney A committee or section of the CBA Local bar association Colleague you trust in your area of practice Get started with resources from the CBA’s Solo/Small Firm section . . . And don’t forget the SOLOinCOLO resources http://soloincolo.com/choosing-your-dance-partner-how-to-lawyer-up-with-your-assisting-attorney Get it in writing!!!

Role of Inventory Counsel The Office of Attorney Regulation Appointment of Inventory Counsel You have the power to plan and choose – don’t miss the opportunity to protect yourself, your clients, your loved ones and your peace of mind!

Conclusion Ideas about how to get started Suggestions/improvements to my forms? Contact me barb@DenverElderLaw.org