The other day a woman came into my office for a consultation. Her attorney had passed away and she needed someone to work with her documents. After reviewing what she had though, I realized I could not help her using her current documents. What do you do when your CPA or attorney dies or goes out of practice? That is the focus of today’s blog.
The first step if you can not locate your cpa or attorney, or if they have died, become disabled, or been suspended or disbarred, is to obtain new counsel immediately. That seems like a direct course of action, right? The trouble is, not all attorneys or cps’s are of the same quality. Ideally, such a professional needs to have a succession plan in place before anything happens.
I suggest that you ask your cpa or lawyer if they have a succession plan in place. Who will take over their practice? Do they have a referral that will provide you with continuity? The woman who consulted with me used the NextDoor app to find me. It’s always best to ask your lawyer for referrals ahead of time instead of shooting in the dark on the internet!
You may be asking yourself, what’s the big deal? I will find someone to take care of my documents. Yes, however it depends on how your attorney or cpa prepared the documents.
If you had a sole practitioner your estate documents are more difficult to manage. If your attorney does not have a succession plan to seamlessly transfer you to another attorney, documents are returned and it’s up to you or your executor to take care of the legalities. In some cases, the court may get jurisdiction over the practice to appoint a receiver, not at your choosing, to wrap up the practice. (In my next post, I’ll discuss more specifically the document aspect regarding why another lawyer might modify your existing documents.)
If your lawyer or cpa has a succession plan, your files will be organized and managed in a way to seamlessly transfer your client file. You can either accept the reassignment, negotiate for a different lawyer in the firm, or take your business elsewhere.
No matter how it is handled though, it is best to have your needs addressed quickly and thoroughly. Knowing what will happen to you as a client is an important discussion to have. Ask about a succession plan to avoid any gaps in representation in the event you’re CPA or lawyer no longer practices. You want peace of mind knowing that continued representation will serve your best interest.