The Law Firm Guide to Closing Your Practice

Closing Your Practice

THE LAW FIRM GUIDE TO

Guidance on the Right Time and Tools

for Lawyers, Families, and Partners

The Law Firm Guide to

CLOSING YOUR PRACTICE

Guidance on the

Right Time and Tools

for Lawyers, Families,

and Partners

The Law Firm Guide to Closing Your Practice

Guidance on the Right Time and Tools for Lawyers,

Families, and Partners

1325 4th Avenue, Suite 600, Seattle, WA 98101-2539

If you have any questions about this resource, please contact us at

[email protected]g or schedule a consultation at www.wsba.org/consult.

REPRODUCTION

For permission to reproduce or redistribute, please contact the WSBA at

[email protected]g. The WSBA reserves the right to withhold permission.

DISCLAIMER

The Washington State Bar Association (WSBA) provides this guide for informational

purposes only; the WSBA does not warrant the information provided with regard

to accuracy or any other purpose. No endorsement is intended. The information

contained herein does not constitute legal advice or legal opinions.

You are responsible for ensuring your own legal and ethical compliance. Any use of

the materials herein is not a defense against discipline, a malpractice claim, or other

legal proceeding. This guide does not modify the rules, statutes, and regulations

set by the federal government, state legislature, Washington Supreme Court, or the

Bylaws and policies of the WSBA, or confer any additional rights.

062124-v3

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Contents

Introduction ................................................

This guide is authored by ........................................ 

The guide will progress in this order .............................. 

Reasons to Close Your Practice ..............................

Ethics Evaluating Your Ability to Practice

and Your Responsibilities to Clients ..........................

Act in the Client’s Best Interest ............................... 

Terminating Representation .................................. 

Communicate With Your Clients .............................. 

Document Retention and Trust Account Closure ............... 

Questions About Fees ........................................ 

Stop Practicing Law .......................................... 

Selling Your Law Practice .................................... 

The Ethics Line .............................................. 

Practice Management A Step-by-Step Guide

to Closing a Practice ...................................... 

 Create a Timeline ............................................

 Law Practice Closure To-Do List .............................. 

 Ensuring Preparedness. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

Plotting a Successful Retirement ........................... 

Two Approaches ...............................................

Prioritizing Your Health ......................................... 

Finding New Interests ..........................................

Social Relationships ............................................

A New Life ..................................................... 

Frequently Asked Questions ............................... 

Wellness .......................................................

Ethics .........................................................

Practice Management ..........................................

Resources ................................................ 

Introduction

KNOWING WHEN THE TIME IS RIGHT to close your practice is not a

simple question. It requires some careful reﬂection about whether you

are ready to walk away from what is one of the most passionate commit-

ments of your life. You can only guess what life will be like once you are

not practicing.

The decision to hang up your shingle for the sake of your clients can

be an even harder choice. Adherence to the RPCs is done primarily

through self-evaluation and voluntary compliance. Questioning your

skills, which you have sharpened over what may be decades, can be a

humbling experience.

Figuring out how to close your practice involves many logistical deci-

sions from informing clients to balancing books to handing over cases to

colleagues. While many lawyers may prefer the legal work to the business

work of practicing law, eective business management practices are crit-

ical to the success of an ongoing ﬁrm and to eectively winding it down.

This guide is authored by:

WSBA’s Professional Responsibility Counsels, Jeanne Marie Clavere

and Sandra Schilling. Together they oer intrinsic understanding of the

RPCs that relate to the common ethical conundrums that come with

this decision. They are available for consultation on the Ethics Line at

1-(206) 727-8284

WSBA’s Practice Management Advisor Margeaux Green. WSBA’s Practice

Management Program assists legal professionals to make informed busi-

ness decisions. For personalized assistance in navigating the complexities

of closing a law practice, the WSBA Practice Management Advisor oers

free consultations to the membership--sign up here to schedule.

WSBA’s Member Wellness Program clinicians Adely Ruiz, LCSWAIC and

Dan Crystal PsyD. You can schedule a free and conﬁdential consultation

by clicking here.

The guide will progress in this order:

 Reasons to Close Your Practice

 Ethics Evaluating Your Ability to Practice and Your

Responsibilities to Your Clients

 Practice Management A Step-By-Step Guide to Closing

Your Practice

 Plotting a Successful Retirement

 WSBA’s Custodianship Program

 Frequently Asked Questions

 Lending library recommendations

For those concerned about an attorney.... you are not alone.

We receive many calls on this topic. Often it is a spouse, a part-

ner, an opposing counsel, or a legal assistant. Common calls

are concerns about cognitive functioning, alcoholism, or health

problems making it impossible for the attorney to keep in touch

with clients. In many respects these are the most urgent scenar-

ios, even as the solutions are not always simple to implement.

Guidance for these scenarios is included throughout this guide,

especially in the FAQs. Also, you can click here to consult with

the Member Wellness Program on this topic.

Reasons to

Close Your Practice

In this section we will review:

 Reasons attorneys consider closing their practices.

 Warning signs that closing your practice will be important.

 Ways of evaluating your own competence to practice.

For Those Considering Closing Your Practice

Closing your practice can feel like a signiﬁcant and emotionally laden expe-

rience. In addition to the logistics of notifying clients and addressing ethical

and ﬁnancial responsibilities, it can also feel like you are walking away

from one of the great endeavors of your life. Practicing law can feel like

a momentum game: when you take a break you may question whether

you will be able to return to the profession later. The sunk cost fallacy is

the tendency for people to continue an endeavor or course of action even

when abandoning it would be more beneﬁcial. Many lawyers think about

the ﬁnancial and emotional investment that has gone into becoming a

lawyer and use this as a rationale for not walking away. Many attorneys

discover that once they are able to disengage from legal practice their lives

become substantially better!

There are so many reasons for closing your practice, some optimistic,

others distressing:

 You may have plotted your retirement for a while and the time

is right.

 You may be in the throes of addiction or depression and feel like

you are not able to practice law.

 You may want to close your practice with a plan to take a break

for a few years. Perhaps you are trying a dierent career or taking

time to be with family.

 You may be concerned about cognitive impairment and your

ability to successfully represent a client.

 All sorts of life events from health, to struggles in one’s families, to

ﬁnancial challenges can play a role.

Warning signs that closing your practice will be important

The greatest warning sign is when you are just not able to feel engaged in

your work over a long period of time. While attorneys are used to perse-

vering and triumphing over the adversity that can play a role in creating

work product, when this challenge becomes a daily and consistent feature

of your workday it is a sign that your work is not matching your interest

or abilities.

What follows is an avoidant relationship to your oce. You may procras-

tinate in getting back to clients, dread briefs that need to be written, or

have a deep reluctance to take on new cases or market your practice. An

alternate life can start appearing ﬁlled with features of everything you

would rather be doing.

The key with your career is to be able to harness your body and mind in a

way that is synchronous and engaged with the challenge you are taking

on. If there is a disconnect that has not responded to best practices from

productivity experts, trainings, and other supports, stepping away from

your current career may be the simple necessity. Some features of this

disconnect include:

 Taking longer to get things done, losing track.

 Thinking a lot about what you would rather be doing.

 Not having enough time to take care of your health

and relationships.

 Doubting your abilities.

 Burnout.

It is not uncommon to struggle with recall of names and some of the details

of previous events as one enters their 50s and 60s. But at what point is

this a sign of dementia? There is not a simple answer to this question. To

diagnose dementia-related conditions, physicians may use medical history,

mental status tests, physical and neurological exams, diagnostic tests, and

brain imaging. Dementia’s onset can be incredibly subtle and accumulate

gradually over the course of years or decades. In some cases, crystallized

intelligence of memories in one’s earliest years, like the name of your 2nd

grade schoolteacher may be intact while ﬂuid intelligence that involves

the use of short-term memory and requires the integration of multiple

features of intelligence can degrade more precipitously.

What happens when the warning signs might not be as

apparent?

Read through the next set of prompts to guide you through the self-evalu-

ation around closing your practice. These prompts can help you internally

or be shared in a conversation with others who may help you decide on

closing your practice.

9 I have little interest in achieving and completing my work.

9 I struggle waking up in the mornings on my workdays.

9 I often daydream about what my life would look like outside of

my practice.

9 I am drained and exhausted at the end of my workday.

9 I do not ﬁnd my work rewarding.

9 I look forward to the end of my workday before it has started.

9 I can no longer tolerate my clients.

Evaluating Your Competence to Practice

If this is a concern, the most important thing you can do is work with

your doctor to answer these questions. A psychological evaluation testing

features of cognition can be a useful practice even if you are not concerned

about your performance. It will oer a baseline for evaluation in future

tests. These evaluations will show where your strengths and weaknesses

lie and to what degree they are present. It is important not to be fearful

of information. The Member Wellness Program manages a list of names of

psychologists and psychiatrists who provide these assessments.

In addition, it is important to tease out whether you are struggling with

dementia, depression, or both. These conditions can really look a lot

alike and there is a concept called pseudodementia where depression

imitates dementia. It is common for those with cognitive impairments to

take anti-depressant medication to see if cognitive issues resolve. If they

do, that would be great news and a simpler ﬁx.

The Member Wellness Program can also recommend psychologists and

psychiatrists who specialize in cognitive assessment.

Reasons You Resist Closing Your Practice

You may resist closing your practice for various reasons. You may even

resist closing your practice without really being aware of why. Making

a list of your fears is a useful way of breaking through minimization,

rationalization, and denial. The key here is doing what you can to answer

your concerns.

 If you are concerned about your ﬁnances in retirement you

can work with a ﬁnancial advisor as well as family members

to estimate your budget. If you are not sure how to go about

receiving Social Security and Medicare, you can ﬁnd answers with

some simple research.

 If you are concerned about how retiring will aect the dynamic

in your household, taking time to speak with family members, or

even engaging a couple’s therapist, can help you brainstorm ways

to make retirement seem exciting and ﬁlled with opportunity.

 Not really knowing how to spend your time in retirement is a

common concern. Starting this brainstorm early and nourishing

new interests over time will help ﬁll out large chunks in your days

that were previously spent in the oce.

 Perhaps you are concerned about letting your clients down.

Lawyers often come to the profession with a uniquely sharpened

sense of responsibility. Taking time to recognize that you cannot

serve your clients forever and trusting other attorneys to handle

matters in their own way is inevitable. Working with a therapist to

resolve the conﬂict between responsibility and your own needs

can make the dierence.

Ethics:

Evaluating Your Ability to Practice

and Your Responsibilities to Clients

LAWYERS AND FAMILY MEMBERS considering closing down a practice

have to consider many issues. Besides the practical components of closing

a business, lawyers must also be mindful of the ethical rules that may come

into play. Below, we’ll walk you through many of the rules that commonly

apply in this transition.

1 Act in the Client’s Best Interest

Keep your clients’ interests foremost in mind. RPC 1.2.

Don’t rush client matters to suit your retirement and remember the deci-

sion to settle a matter must be made by the client. If a matter can’t be

concluded in your time frame, consider referrals to other practitioners.

RPC 1.2, 1.16.

Keep in mind that lawyers need to be competent to handle client matters.

RPC 1.1. If you are concerned about your own ability to have the requisite

facilities to practice law, stay in compliance with the Rules of Professional

Conduct, and act in your client’s best interests don’t hesitate to contact the

Member Wellness Program for a consultation or the WSBA’s Professional

Responsibility Counsel, also known as the Ethics Line, at 206-727-8284. If

you are concerned about another attorney’s competency, look to resources

available through the WSBA Member Wellness Program.

2 Terminating Representation

RPC 1.16(d) states that “Upon termination of representation, a lawyer

shall take steps to protect the client’s interests, such as giving reasonable

notice to the client, allowing time for employment of another legal prac-

titioner, surrendering papers and property to which the client is entitled

and refunding any advance fee that has not been earned or incurred.”

3 Communicate With Your Clients

Keep your clients informed. All during a representation, a lawyer has an

obligation to reasonably consult, inform, and explain matters to the client.

RPC 1.4. A lawyer must explain matters to the extent reasonably necessary

to permit the client to make informed decisions regarding all stages of the

representation. If a lawyer’s personal plans to wind down their practice

will aect a client’s matter, the lawyer must share that information with

the client. RPC 1.4, Comment 7: A lawyer may not withhold information

to serve the lawyer’s own interest.

After representation has ceased, be sure to send a closure letter and docu-

ment it in your ﬁles.

4 Document Retention and Trust Account Closure

 Return all property you are holding for clients and third persons.

RPC 1.15A. If there is a dispute about who is entitled to the

property or funds, you may consider interpleading the funds with

the court. RPC 1.15A (g).

 No ethics rule requires you to keep all prior client ﬁles, but

you must keep records to document return of property, and

trust account activity for 7 years. RPC 1.15A(c)(3), RPC 1.15B(a).

Consider retaining ﬁles if there is the potential for continuing

litigation or a malpractice claim. More information can be

found here.

 RPC 1.15A(c)(3) also requires attorneys to keep records of any

property held for a client that is not money for seven years.

In addition, the client ﬁle is the property of the client at the

conclusion of the legal representation and has to be provided

to the client if they ask for it. See also WSBA Advisory Opinion

202401 for organizing and determining what documents must be,

should be and should not be provided to a former client.

 Conﬁdentially destroy all ﬁles that you are not keeping or

returning. Consider what you will do with items of intrinsic value/

documents with original legal signiﬁcance (such as wills) which

cannot be destroyed. Where will you securely maintain the ﬁles

you are retaining?

 If you are holding funds for a person you cannot locate, you

should treat the funds as unclaimed property under the Uniform

Unclaimed Property Act, RCW 63.30. RPC 1.15A Comment 6.

5 Questions About Fees

If you had a ﬂat fee agreement with a client, and the agreed upon services

have not been completed, the client may be entitled to a refund of a

portion of the fees. RPC 1.5(f).

If you left a ﬁrm, you may still receive a portion of the fees to be received

in the future for previously done work. RPC 1.5 Comment 8.

6 Stop Practicing Law

If you gave up your law license, remember you may no longer practice law.

GR 24 deﬁnes the practice of law as the application of legal principles and

judgment with regards to another entity or person. Refrain from giving

legal advice if you no longer have an active license.

7 Selling Your Law Practice

You can sell your law practice, including good will, but the sale of your

practice must be in its entirety, detailed notice must be given to clients,

and fees can’t be increased because of the sale. RPC 1.17.

8 The Ethics Line

Call the Ethics Line if you have a question about your prospective ethical

conduct. It’s completely conﬁdential with no record. (206) 727-8284. We’d

love to hear from you!

Practice Management:

A Step-by-Step Guide to

Closing a Practice

LEGAL PROFESSIONALS embarking on the journey of closing a law

practice must address a myriad of issues. Beyond the ethical framework,

there lies a practical realm—the business side. This section lays out the

basic components of closing your practice: ﬁnancial considerations, giving

notice, insurance issues, closing accounts, what to do with open cases,

retaining documents, and handling directory and online listings.

1. Create a Timeline

It is important to establish and follow a timeline. To create your timeline,

ask yourself two preliminary questions:

When do you want to close your practice?

Determining when to close your law practice requires careful consideration

of various factors. Assess your professional and personal circumstances,

considering potential impacts on your practice closure. Considerations

include the status of ongoing cases, any impending court dates or dead-

lines, and the need for a seamless transition for your clients. Additionally,

factor in your own well-being and the time required to wrap up adminis-

trative tasks. Whether inﬂuenced by retirement, career changes, or other

life events, establishing a realistic closure date is essential for a successful

and well-managed conclusion to your legal practice.

How long will it take to close your law practice?

Give yourself six months to a year to fully wind down your practice. Set a

future closing date considering your active cases and the steps involved

to close your oce doors.

2. Law Practice Closure To-Do List



FINANCIAL

Collect your accounts receivable. Before you announce your oce closure

to clients, be sure to collect outstanding fees. Be diligent in your collection

eorts. Upon learning of your plans to close your oce, some clients may

use this as an opportunity to avoid paying their bills.

Reconcile and close your trust account. Ensure that you are continu-

ing to properly reconcile your trust account in compliance with Rule of

Professional Conduct (RPC) 1.15B. Refund or transfer any unused funds

from fee deposits per RPC 1.15A. Treat funds you are holding for clients

or third parties that you cannot, after taking reasonable steps, locate, as

unclaimed property and ﬁle a report with the Department of Revenue.

Additionally, be sure to comply with RPC 1.15B regarding preserving trust

account records. Contact your bank about fees associated with closing

your trust account and be sure your account has sucient funds to cover

the fee. (Do not use client funds to cover this fee—you are responsible for

this charge.) See the WSBA’s Managing Client Trust Accounts Booklet for

additional trust account information.

Address outstanding liabilities. Pay balances and then cancel ﬁrm credit

cards. Meet with lenders regarding outstanding loans.



NOTICE

Announce your plan internally. Provide your sta with ample notice of

your intention to close your practice. Walk through your oce closure

plan with them and delegate tasks where you can. As an incentive for sta

to stay and help you to close, consider oering bonuses. Also consider

helping sta ﬁnd new employment by reaching out to your network to

ease the transition.

Announce your plan externally and stop accepting new cases. Inform

your clients, past and present, that you are closing your law practice. Per

RPC 1.16(d), to the extent reasonably practicable, a departing lawyer shall

protect a client’s interests such as giving reasonable notice to the client,

surrendering papers and property, and refunding any fee that has not been

earned. Document the communications you make of your oce closure,

including information about when and how you notiﬁed your clients.

Inform clients of the closing date, the status of their case with you, and

how to transfer their ﬁles to themselves or a new lawyer.

Address any client funds you hold in trust. Notify opposing counsel, courts,

and other tribunals of your oce closure as well. For additional information

regarding notice, see Advisory Opinion 201801 Lawyers Moving from

Firm-to-Firm in Private Practice.

The WSBA oers the following forms to help notify clients and track ﬁle

transfers in the Law Firm Guide to Document Retention:

 Client Authorization of File Transfer Form

 Letter Advising that Lawyer is Closing Oce

 Client Acknowledgment of File

 File Closure Tracking Spreadsheet

 Timelines for File Retention



INSURANCE

Tail policy. Contact your malpractice carrier and inform them of your oce

closure. Consider adding a tail policy. A tail policy adds coverage to your

malpractice insurance, providing protection for claims reported after your

insurance policy ends.

Health insurance. Make a health insurance plan for after you close your

oce. An insurance broker can help to guide this process. Consider enroll-

ing in a plan from the WSBA’s Health Insurance Marketplace.



CLOSE ACCOUNTS

Manage and contact (and maybe close) digital subscriptions and data-

bases. Software services often limit the amount of time a past subscriber

has access to their data post cancellation. Be sure to export all information

and data you intend to keep before you lose access to it. Check your terms

of service for software data policy. The document retention section below

describes how to track your ﬁles.

Forward mail, email, and calls. Arrange your mail forwarding with USPS.

Also forward calls and emails. Consider including an automatic response

in your emails, stating the date of your oce closure and your contact

information thereafter.

Close utilities and manage lease/rental agreements. End your phone

and internet services when your practice closes. Finalize arrangements

with your landlord and with vendors such as oce equipment rentals.

Dispose of furniture, ﬁxtures, art, electronics, and library. Consider sell-

ing or donating.

Cancel other services, like process service and remote receptionists.



OPEN CASES

Finish what you can. In addition to notifying your current clients of the

oce closure, plan and manage the client work you can ﬁnish. For client

matters that cannot be resolved prior to the ﬁrm closure date, address

continuances, upcoming hearing dates, and attorney referrals to continue

the client’s legal work. In some cases, you may need the court’s permission

to withdraw, so you should factor into your winding down plans the possi-

bility that you may not be permitted to withdraw from all open matters.

For forms to notify your clients and transfer ﬁles, see the “Notice” section

above.

Contact counsel for opposing parties and third parties involved in

current matters. Other parties and entities may include social workers,

ﬁnancial advisors, experts, and guardians ad litem.



DOCUMENT RETENTION

Manage client ﬁles according to your document retention policy.

In the context of concluding a law practice, it is imperative for legal profes-

sionals to either maintain their existing document retention policy, if in

place, or, for those who presently lack such a policy (despite its recom-

mended necessity), to diligently establish a comprehensive strategy for

the cessation of legal operations. This involves organizing, storing, and

securely destroying client ﬁles while aligning with professional obligations

outlined in the RPCs. The policy should address the scope of the client ﬁle,

clarify ownership rights, and adhere to speciﬁc timelines for retention. Best

practices include promptly returning original materials and documents

to clients, informing them of the policy, and using stringent cybersecu-

rity measures. Forever-kept items should include an index of client ﬁles

and records of ﬁle transactions, ensuring a comprehensive and compliant

approach to document management.

Review the WSBA Law Firm Guide to Document Retention to better

understand your professional obligations for document retention, the

scope of the client ﬁle and property of the client, suggested best practices

for document retention, cybersecurity, and practice forms.

Address existing advertisements, legal directory listings, website, and

social media. Update your information on legal directory listings. Make it

clear on your website the date of your oce closure and update your free

Google business listing to say that your oce is closed.

3. Ensuring Preparedness

Backup Attorney: If you were to unexpectedly become incapacitated

or die, not having a designated backup attorney can lead to substantial

harm to your clients and burden your family or friends with managing ﬁrm

operations amidst their grief. To mitigate this, it is crucial to designate a

licensed legal professional as a temporary custodian through a compre-

hensive written agreement. This agreement should outline the custodian’s

responsibilities, trigger conditions, conclusion mechanisms, and authori-

zation for client communication and practice closure. For trust accounts,

identifying an authorized signer beforehand ensures seamless access to

funds, preventing delays that could aect your clients’ legal representa-

tion. RPC 1.15A(h) addresses the responsibilities of an authorized signer.

Addressing these considerations proactively safeguards your clients, your

practice, and upholds ethical standards.

Disaster Plan: You need to be proactive in establishing your own disaster

and succession planning so that your clients are protected, and your loved

ones are not burdened with ﬁnding a resolution to your business functions.

Beyond the potential impact on individual health, unforeseen events can

disrupt the working space or technology crucial for handling client infor-

mation. For detailed disaster planning guidance, checkout the WSBA’s Law

Firm Guide to Disaster Planning. This resource emphasizes a threefold

approach to disaster preparedness: identifying common areas of vulnera-

bility for solo and small ﬁrm legal professionals, implementing prevention

techniques to mitigate risks, and addressing disasters eectively when

they occur. The learning objectives cover professional responsibility for

disaster planning, the necessity of business continuity plans, and best

practices for minimizing the repercussions of unexpected events.

Plotting a Successful

Retirement

FOR THOSE who are not simply closing their practice but in fact retiring,

we have a few best practices for engaging this chapter in your life.

Two Approaches

I’ll Figure it Out When I Get There—This approach does make sense. You

may be too burdened with current responsibilities to have the bandwidth

to contemplate next steps. Additionally, this demonstrates a faith in your

own resourcefulness to manage the dilemma of how to spend your time

when the time comes. But sometimes you may be holding on too tight to

your legal career because you have spent a great deal of your life devel-

oping your legal skills and practice. Just because you are trusting in your

abilities does not mean it will translate into success.

Titrating Back—Titration is the gradual reduction of dependence upon

a chemical or process. In this scenario, the process is lawyering, and one

would be carefully replacing the time spent practicing law with other

endeavors. We recommend this approach as ﬁnding new endeavors that

endure is not a simple thing. When you retire, you may have 40+ hours

to ﬁll in your week. If you can spend your 60s going from 50 down to 20

hours of work each week than you will develop routines in your day that

have time to work or not. Whether it is building out your social life, exercise,

or hobbies it takes time to ﬁgure out which commitments are just ideas,

and which are growing realms of engagement.

Prioritizing Your Health

One objective of retirement is to limit your “marginal years.” This is the

months and years in your life where you cannot do the things you want

to do. Needing help walking, planning one’s day, or getting dressed is

humbling. It also puts pressure on caregivers. It is pivotal to prioritize

diet, exercise, social relationships and accessing medical care as chal-

lenges appear.

In this regard, exercise can become your new oce with the bonus that

you only have to go to work for about 30 minutes each day. Working

with medical providers on best practices in preventive medicine can catch

problems before they become greater health disorders.

Finding New Interests

Attending law school, getting your law license, and building a legal career

requires a high degree of dedication and work. By the end of that period,

you may not remember what your interests had been. Resuscitating old

interests or ﬁnding new ones requires a “beginner’s mind” and a willing-

ness to not be an expert.

One path is to ﬁnd law adjacent interests. Many attorneys have enjoyed

intellectual debates their entire lives. Thus, joining a discussion group is a

great ﬁrst step. Finding a frequent forum for political discussion, a book

group, or advocacy through your service on a board can help nourish

this instinct.

Additionally, lawyers often enjoy ﬁghting for causes. It is hard to volunteer

at a homeless shelter and not recognize a sober cause worthy of support.

If there is a group that you can support and feel proud to be associated

with this can make your retired life feel more meaningful and inspiring.

WSBA members who want to provide volunteer legal services through a

qualiﬁed legal services provider can advocate using a special license which

allows providing pro bono legal services in your community.

Social Relationships

United States Surgeon General Vivek Murthy described a national epidemic

of loneliness and warned that “being socially disconnected” has a similar

eect on mortality as smoking up to 15 cigarettes a day. Nurturing friend-

ships and family relationships requires eort and persistence.

 Proximity is the best predictor of successful relationships. So,

open your door to neighbors.

 Find social groups that can meet with frequency, as opposed to a

coee or meal every several months.

 Acknowledge the friends you already have and reach out to them.

A New Life

Ultimately, retirement is about having more time to choose a direction

for yourself. This can be both exciting and intimidating. Most people wish

for freedom to choose, but too much freedom can be confusing. Creating

a game plan that includes ﬁnding new interests, investing in social rela-

tionships, and prioritizing your health can help you pick a direction that

really works for you.

WSBA’s Custodianship Program:

WSBA appoints custodians to protect the clients’ interests when

lawyers are missing, deceased, disabled, or disbarred (MDDDA)

per the Rules for Enforcement of Lawyer Conduct (ELC) 7.7. The

custodian contacts the MDDDA’s clients, returns client ﬁles, and

assists in locating new counsel. This usually involves going to the

MDDDA’s oce and moving the ﬁles to a secure location. The

custodian might notify courts or administrative bodies. Many

of the duties can be performed by supervised sta. The WSBA

provides sample documents and spreadsheets to assist in the

process. A custodian will not be appointed if a partner, personal

representative, or other responsible person is available to protect

the clients’ interest.

If you are in the position of needing to wind down another attorney’s

practice, consider this checklist: Closing Another Attorney’s Oce.

Frequently Asked Questions

Wellness

I’m concerned about an attorney who is in their 70s and may be demon-

strating signs of dementia. They have been missing court dates and

repeatedly need to extend deadlines. While in court they struggle to

keep track of the conversation. Their partner has similar observations

in their private life. What should I do?

This situation is distressing for everyone involved. And the need for a

solution can be urgent. They can harm their livelihood and that of their

client. This sounds like an attorney who may need help organizing their

practice and probably planning their retirement. Keep in mind that an

attorney is responsible for providing competent legal representation. An

attorney can armatively reach out to the Member Wellness Program

for help and resources. Ultimately though, the only mechanism in the bar

association to interrupt an attorneys practice is the grievance process.

Often these scenarios continue to worsen without the intervention of

friends, other attorneys, or loved ones. Connecting with a concerned circle

of supporters about how to raise the topic is a good ﬁrst step. Introducing

them to a Practice Management Advisor who can help them either stay

organized or close their oce may also help.

I’m aging and becoming a little forgetful. At what point do I need to

stop practicing law?

Forgetfulness is a common experience as you get older. The question is

really whether you can follow-through with your responsibilities. If you

are not able to intellectually process the issues your client is dealing with,

that is a sign that you should probably stop practicing. If you are procras-

tinating or taking an excessive length of time to complete responsibilities

that is a clear warning sign. If you can understand the concepts at play

but not implement solutions like ﬁling briefs or even handle your business

accounts, that is also an indicator that you need substantial assistance or

should probably consider closing your oce.

I am struggling with an alcohol use disorder, but I don’t want to quit

practicing law. Do I close my oce and deal with my alcohol use issues?

Do I have to close my oce to help my mental health?

If a lawyer is struggling with a long-term addiction, they may reach a point

where they cannot make gains in addiction treatment while still practicing

law. Many lawyers will want to “white knuckle” their way through a mental

health challenge while earning their keep as a lawyer. Lawyers often feel

very dedicated to their clients; their law ﬁrms; and their ﬁnancial respon-

sibilities in their personal lives. This makes it harder to take a break.

You may not need to close your practice in order to take a break. Notifying

your clients in advance that you will be away from your practice for several

weeks or longer can better set yourself up for success. Having a colleague

on call or take over your cases can make a big dierence.

Ethics

I am thinking about leaving my ﬁrm and retiring, what should I be taking

into account?

When a lawyer leaves a ﬁrm, both the departing lawyer and the remaining

members of the ﬁrm share the ethical duty of completing the transition

without material adverse eect on clients. Advisory Opinion 201801

(2018) and ABA Formal Opinion 99-414 Ethical Obligations When a

Lawyer Changes Firms oer a helpful analysis of the obligations involved

in this situation.

In general, you should notify your ﬁrm of your intended departure before

you notify your clients to avoid any allegations of breach of ﬁduciary duty,

dishonesty, or deceit. It is professional misconduct to engage in conduct

involving dishonesty, fraud, deceit, or misrepresentation. RPC 8.4(c).

When I am departing from my firm and law practice, what are

notice considerations?

The client usually has a contractual relationship with the ﬁrm, so both the

departing lawyer and the ﬁrm have a duty to timely inform the clients

working with the attorney of the departure. The notice, preferably in

writing, should inform the client of the situation and allow the client to

make an informed decision about continued representation. The client

has the right to decide who will continue the representation: either the

departing lawyer, the remaining ﬁrm, or another lawyer altogether. Even

in an antagonistic situation when working together is not possible, the

departing lawyer should make every eort to give the client notice. A

lawyer shall promptly communicate with a client about the status of the

matter. RPC 1.4. Upon termination of representation, a lawyer shall take

steps to protect a client’s interests. RPC 1.16(d)Even if you have left a ﬁrm,

it is permissible for you to contact current and former clients and let them

know you have left the ﬁrm and your current position.

After I have retired and my clients decide to leave my ﬁrm and go else-

where for legal representation, what are the ethical considerations of

transitioning the ﬁle?

Both the departing lawyer and the ﬁrm should take measures to ensure

that whichever lawyer/ﬁrm will be continuing the representation has

the ﬁle. The client ﬁles and property must be retained or transferred

according to the client’s direction. Washington Advisory Opinion 181

and Washington Advisory Opinion 202401 discuss the release of ﬁles

to a client. See also Washington Advisory Opinion 2211 which reviews

the obligation to provide a copy of discovery. A lawyer must safeguard

a client’s property. RPC 1.15A. Upon termination of representation, a

lawyer must surrender papers and property to which the client is enti-

tled. RPC 1.16(d).

If I’m Buying or Selling a Law Practice, what are some of My Ethi-

cal Obligations?

There are several important ethical obligations to consider when buying or

selling a law practice. Here’s an advisory opinion on ethical responsibilities

when moving ﬁrm to ﬁrm: Advisory Opinion 201801, Lawyers Moving from

Firm-to-Firm in Private Practice

Practice Management

How do I receive payment for work I did before selling my practice?

Receiving payment for work completed before selling your practice

involves clear communication with clients. You can include payment

terms in your engagement letters and invoices, specifying the methods

and deadlines for payment. Collaborating with the acquiring attorney to

transfer outstanding invoices and collecting payments promptly is essen-

tial for ﬁnancial closure.

How do I get help with closing my practice?

For assistance in closing your practice, including addressing speciﬁc

questions or concerns, consider seeking professional guidance. The

Washington State Bar Association (WSBA) oers conﬁdential and free

practice management consultations. By visiting www.wsba.org/consult,

you can access valuable support to navigate the complexities of closing

your law practice, ensuring a seamless and ethical process.

If I do not have a backup attorney for my practice, and I pass away, will

the WSBA administer the closure of my practice?

Probably not. The Custodianship Program is appropriate in very limited

circumstances. You need to be proactive in establishing your own succes-

sion planning so that your clients, and your loved ones, are not burdened

with ﬁnding a resolution for your business functions.

Resources

Lending Library. Our Lending Library, a free service to WSBA members

oering the short-term loan of books on topics related to practice manage-

ment, wellness, career development, and multiple titles regarding disaster

and succession planning, including:

 Lawyer’s Guide for Dealing with Disability or Unexpected

Events. By Lloyd D. Cohen, et al, American Bar Association, 2009.

(This is the title I referred to during our consultation).

 Lawyers at Midlife: Laying the Groundwork for the Road Ahead.

By Michael P. Long, et al, Decision Books, 2009.

 The Lawyer’s Retirement Planning Guide. By Susan Berson, 2nd

ed., American Bar Association, 2015.

 Passing the Torch Without Getting Burned. By Peter A. Giuliani,

ABA, Law Practice Management Section, 2014.

 Lawyer Interrupted. By Amy Impellizzeri, American Bar

Association, Solo, Small Firm and General Practice Division, 2016.

 The Lawyer’s Guide to Succession Planning. By John W.

Olmstead, American Bar Association, 2016.

 Second Acts for Solo and Small Firm Lawyers. By Jennifer J.

Rose, American Bar Association, Senior Lawyers Division, 2020.

 Dangerous Opportunity: Making Change Work. By Chris

Musselwhite Ed.D., and Randell Jones, M.B.A., Xlibris Corp, 2004.

 You’ve Earned It, Don’t Lose It: Mistakes You Can’t Aord to

Make When You Retire. By Suze Orman, and Linda Mead, William

Morrow, 1997.