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State Bar & Bar Associations

May 15, 2023

Lack of succession planning may be ethical failure, bar says

The number of practicing lawyers above the age of 65 has increased more than 50%. Today, about 14% of lawyers are older than 65, according to the American Bar Association.

Lawyers who don’t plan for firm departures or their own retirement or death are potentially exposing their clients to significant damage or prejudice, an ethical violation, according to a draft opinion from the State Bar’s Committee on Professional Responsibility and Conduct presented Friday.

This would include not taking steps “to plan for an interruption or cessation of practice, voluntary or otherwise,” according to the draft opinion, w...

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