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Supreme Court delays succession planning court rule 39.18, seeks input

Wednesday, August 31, 2016   (0 Comments)
Posted by: Chris Fritz
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The 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.

Amendments 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.
  • A 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 question response.
  • Required maintenance of a current client list.

The 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.

The order 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.

From the Iowa Lawyer Weekly e-newsletter

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