effective date for current rule 39.18 regarding the requirement for
death and disability planning by Iowa attorneys is now delayed until
Jan. 1, 2018. The Iowa Supreme Court is requesting public comments on
proposed amendments to the rule pursuant to its Aug. 29 order.
currently being considered originated from the ISBA’s Rule 39.18 Study
Committee’s report. They cover several key provisions, including:
Creating two tiers of planning, a mandatory short form and optional written plan created by the attorney.
requirement for all private practice attorneys to complete the short
form as part of the annual client security questionnaire. Non-private
practice attorneys would be allowed to avoid that portion via a direct
Required maintenance of a current client list.
recommendations by the ISBA committee were created to make it easier
for attorneys to fulfill the basic planning requirements, place
information regarding every private practitioner’s plan in the
possession of the Client Security Commission for quick retrieval, allow
for prompt annual updating and remove the need for auditors to check on
succession planning during trust account audits.
requesting comments, proposed amendments, committee report and a letter
against the report are available at the Supreme Court’s website. The deadline for comments is Oct. 31.