QUESTION
To protect client interests in the event of death or disability, solo practitioners are encouraged by the Rules of Professional Conduct to:
A. Designate a family member to review client files, notify each client of the lawyer’s death or disability, and determine whether there is a need for immediate protective action.
B. Designate a support staff member to review client files, notify each client of the lawyer’s death or disability, and determine whether there is a need for immediate protective action.
C. Designate another competent lawyer to review client files, notify each client of the lawyer’s death or disability, and determine whether there is a need for immediate protective action.
D. Designate a sitting Judge to review client files, notify each client of the lawyer’s death or disability, and determine whether there is a need for immediate protective action.
ANSWER C
Comment [5] to Nebraska Court Rule of Professional Conduct §3-501.3 states:
“To prevent neglect of client matters in the event of a sole practitioner's death or disability, the duty of diligence may require that each sole practitioner prepare a plan, in conformity with applicable rules, that designates another competent lawyer to review client files, notify each client of the lawyer's death or disability, and determine whether there is a need for immediate protective action.”
Prepared by the Counsel for Discipline of the Nebraska Supreme Court. If you have a question about your ethical responsibilities, contact the Office of the Counsel for Discipline at 402-471-1040 or 877-504-0967.