In response to several questions regarding Rule 39.18 and attorney succession planning, the ISBA has provided the following brief description of the key changes. Please note public comments can be made until Oct. 31, 2016.
Existing Rule 39.18 effective date delayed until Jan. 1, 2018
July 2016 ISBA Rule 39.18 Study Committee proposed these changes to Court Rule 39.18
Proposed changes create a two-tier system of succession planning.
- Tier one is mandatory reporting of assisting attorney, law firm (can be attorney’s own firm) or qualified lawyer servicing association as part of the annual Client Security questionnaire. Reporting will include where records are kept, including a list of clients.
- Tier two is a voluntary, but encouraged, written plan. Sample plan and forms to be provided by ISBA if changes are adopted by the supreme court
All attorneys in private practice required to participate in first-tier requirements