Succession Planning - The Iowa State Bar Association

Succession Planning

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Succession Planning and Court Rule 39.18

Under the Iowa Court Rule 39.18, Iowa-licensed lawyers must take steps to prepare for their own disability or death.

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.

In 2018, the ISBA Board of Governors authorized The ISBA to serve as a “qualified attorney-servicing association,” for attorneys in private practice for the purposes of meeting the Iowa Court Rule 39.18 designation requirement.

The ISBA is accepting requests to serve as designated representative from ISBA members. The ISBA reserves the right not to enter into an agreement to serve as a "qualified lawyer servicing association" for the purposes of Court Rule 39.18.

To submit your request for The ISBA to serve as designated representative for the purposes, review and if you qualify and agree, submit a signed Law Practice Succession Agreement and nominal fee to The ISBA. Please submit questions via email to SuccessionPlanning@iowabar.org.

Supplemental Succession Plan Information

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.

Optional Best Practice Forms (not required to be completed nor filed to comply with Court Rule 39.18)

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

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)

The Mandatory Basics of Iowa Court Rule 39.18
Author - 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 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.

Iowa Lawyer Magazine Succession Planning Article - Part 4
Authors - Gordon Fischer, Attorney, Gordon Fischer Law Firm, P.C. and Mackensie Graham, Chief Content Officer, Gordon Fischer Law Firm, P.C.

Washington State Bar Association - Handbook and Forms
Planning Ahead: A Guide to Protecting Your Clients' Interests in the Event of Your Disability of Death