The New Jersey courts want attorneys to think about a plan for the end of their career early and often. The state Administrative Office of the Courts announced the rollout of the succession planning feature. The feature is part of the attorney registration system and will prompt attorneys to respond to questions to help ensure there is a plan for the future.
The New Jersey State Bar Association has long advocated the need for such planning and the courts studied the initiative through listening sessions meant to determine a framework for how to implement of succession planning for New Jersey attorneys.
The annual attorney registration process now includes prompts for attorneys in private practice to disclose the status of any succession planning the attorney has undertaken. The attorney will have the option to:
- Designate a New Jersey-licensed successor attorney who can protect client interests in the event of an attorney-registrant’s death, disability or incapacity;
- Identify a person – attorney or non-attorney – with knowledge of the location and access procedures for the attorney-registrant’s professional records;
- Indicate if a succession plan has been created and specify its location;
- Acknowledge that no plan exists and indicate whether the attorney-registrant’s employer or firm is responsible for client files in the event of death, disability or incapacity.
Those identified during the process as successor attorneys or persons with knowledge will receive an email concerning their designation.
“This process is intended to reinforce attorneys’ professional responsibilities, encourage proactive succession planning, safeguard clients’ interests, and limit the burden that falls to attorneys’ loved ones in difficult times,” Acting Administrative Director of the Courts Judge Michael J. Bleesaid. “It will also facilitate education and communication on this very important topic.”
The NJSBA’s Lawyers Helping Lawyers Task Force examined the issue of succession planning several years ago. The task force recommended that attorneys be encouraged to identify a successor during the attorney registration process. These concerns were echoed in the Association’s Putting Lawyers First Task Force report, which highlighted the lack of guidance, training and clear expectations about succession planning. The NJSBA submitted comments to the AOC recommending that the Court formally urge all attorneys to develop and maintain a succession plan. The Association further noted guidance and resources for attorneys to engage in comprehensive succession planning would be helpful.
The AOC issued guidance on succession planning which can be found here.
To learn more about succession planning and earn up to 3 ethics credits, register for Succession Planning is Coming to New Jersey: Will You Be Ready? Click here for more information about the Oct. 22 seminar.
NJSBA Amicus Update
In Christakos v. Boyadjis, oral argument is scheduled before the New Jersey Supreme Court at 10 a.m. on Monday, Oct. 6. NJSBA Second Vice President Diana C. Manning, of Bressler Amery & Ross, will argue on behalf of the NJSBA that attorney liability for malpractice against non-clients is limited and should not be expanded to include beneficiaries of a will drafted by the attorney. Manning, along with Benjamin J. DiLorenzo and Kyle A. Valente, wrote the brief.