Iowa Court Rule 39.18 (view here), adopted on Nov.
20, requires all solo practitioners in Iowa to have a succession plan in the
event of death or disability in place by March 1, 2016. In light of this new
requirement, the Iowa Academy of Trust and Estate Counsel has agreed to join
with the ISBA to update the 2011 Solo Practice
Succession Planning handbook, and to provide sample forms in Word format
for use by those affected by the new rule. President Bruce Walker has
designated Immediate Past President Joe Feller to serve as the ISBA liaison for
completion of the updated handbook, which is anticipated to occur in early
January, the ISBA will make it available to all bar members in electronic form.
While the rule applies only to solo practitioners as defined in 39.18, each
solo practitioner must find an attorney willing to serve as the designated
attorney and also secure an alternate. The designated attorney and alternate need
not be solo practitioners.
material being prepared should substantially aid those attorneys asked to serve
as designated attorneys and alternates in making a knowing assent. In addition,
the ISBA will be setting up seminars on this topic to assist solo practitioners
in complying with the new rule, and to provide information to potential
designated attorneys. It’s anticipated that the Director of the Office of
Professional Regulation, Paul Wieck II, will participate in the seminars.