Succession Planning
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Succession Planning and Court Rule 39.18

At some point, each attorney must face the reality that we will no longer practice law.

To protect their clients and practices, all lawyers need to plan for both good and bad possibilities. The Iowa State Bar Association is pleased to provide several resources to help you plan.

Iowa Rule 39.18 requires an attorney in private practice to complete their annual questionnaire, pursuant to rule 39.11, whereby such attorney identifies the attorney’s designated representative to act in the attorney’s stead in the event of death or disability.  As long as the annual questionnaire is completed each year, the attorney is in compliance with rule 39.18.

Pursuant to rule 39.18(3), an attorney may adopt a supplemental succession plan.  The Iowa Academy of Trust & Estate Counsel, as a service to its members, had the following form succession plan agreement prepared and is making it available to its members.  The intent of this supplemental plan and related documents is to supplement the designations made in the annual questionnaire and to address more specifically the numerous issues that may arise in attorney succession. The supplemental plan provided below is aspirational in nature, and will need tailoring to work for the specific facts and circumstances of the Planning Attorney using it.

Resources

Lawyer Death and Disability Planning - Outline

Lawyer Death and Disability Planning - Video (Please note, video does not qualify for CLE)
If you wish to view this video and receive CLE credit please access here

Succession Planning Guide (Provided by Lockton Affinity and CNA)

Iowa Lawyer Magazine Succession Planning Article - Part 1
Author - Gordon Fischer, Attorney, Gordon Fischer Law Firm, P.C.


Iowa Lawyer Magazine Succession Planning Article - Part 2
Authors - Gordon Fischer, Attorney, Gordon Fischer Law Firm, P.C. and Mackensie Graham, Chief Content Officer, Gordon Fischer Law Firm, P.C.


Iowa Lawyer Magazine Succession Planning Article - Part 3
Authors - Gordon Fischer, Attorney, Gordon Fischer Law Firm, P.C. and Mackensie Graham, Chief Content Officer, Gordon Fischer Law Firm, P.C.

Forms
Plan Agreement
Providing for Designated Attorney in Estate Planning Documents
Durable Limited Power of Attorney for Management of Law Practice Upon Incapacity or Inability to Practice Law
Law Practice Business Entities: Appointment of Agent to Manage Law Practice Upon Death or Incapacity