What are a lawyer’s ethical obligations to engage in succession planning? NOTE: While this program primarily uses California Rules and developments to illustrate the issues involved in this important area, the guidance and ethical examples provided are relevant to attorneys in every state, and comparable Opinions and Statutes are found in nearly every jurisdiction. Proposed Formal Opinion Interim No. 20-0002 (Succession Planning) interprets Rules 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 California lawyers 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 when their lawyer is unable to continue practicing law, either temporarily or permanently, and that this risk applies to all lawyers. This discussion-format talk with Russell Jackman, Esq. and Don Mccrae, Owner of Your Business Legacy, a specialist in helping attorneys close their practices, addresses the issues that are commonly dealt with by attorneys who may be considering closing their practices, retiring, or changing ownership to someone else. Don and Russ discuss strategies and ideas to deal with the challenges of closing up or migrating ownership of a law practice while still adhering to State Ethical Requirements.