If something unexpected happened to you this week, what would your clients experience? Do you have a law firm contingency plan or succession plan in place that could be seamlessly implemented? Or would chaos reign, causing your clients (rightfully) to panic about their legal matters?

These are not merely hypothetical questions. More and more lawyers are working well into their 70s. Some attorneys are still practicing in their 80s! The reasons most make this choice are probably familiar:

• They simply cannot afford to retire
• They genuinely enjoy practicing law
• They have no clue what else they would do if they retired (even though they may not love practicing law anymore)

Those attorneys who continue working well past typical retirement age have spent decades approaching decisions thoughtfully, practically, and productively. That makes it all the more shocking that most of them have not planned for what will happen to their practice if their health suddenly changes. With up to 70% of people over 70 having coronary artery disease, a sudden health change is a real risk.

What Happens to a Law Firm Without a Contingency Plan?

When a lawyer experiences a sudden, serious health issue like a heart attack or stroke, there is rarely time to prepare the law practice for the necessary changes. For solo practitioners and small firm owners, the professional consequences can be immediate and severe:

• Active client matters are left in limbo
• Deadlines are missed or at risk
• Staff members are left without direction
• Spouses or family members are forced to step in without context
• Referral sources and client relationships may erode

An attorney’s sudden, dramatic health issues are not the only ones that can jeopardize a law firm. A lawyer’s health and capacity can decline slowly, and the signs are easy to rationalize or overlook. By the time the impact becomes visible, the window for a clean transition has often already closed.

The Health Reality for Aging Attorneys

Some statistics bring the risk of an attorney health crisis into greater focus:

• About 25–30% of new cancer diagnoses occur in people between the ages of 65 and 74.
• After age 65, the risk of Alzheimer’s disease doubles every five years
• Heart disease is the leading cause of death in the United States, and about 80 percent of people who die from coronary heart disease are age 65 or older

Lawyers are still 100% human. We are not exempt from the above statistics.

A change in health may be unavoidable, but the consequences for your practice are something you can plan ahead for.

For solo practitioners and small firm owners, the decision to plan in advance affects a much wider circle than many realize. Consider the people who depend on your practice:

• Clients with active matters that are sensitive, urgent, and unfinished
• Staff who have built their livelihoods around your firm
• Family members who may be left to sort out the aftermath of your illness and its impact on your practice without context
• Referral sources and colleagues whose trust you have earned over the years

When there is no contingency plan in place, these are the people who bear the cost. When you develop a contingency plan, you are not just protecting your own interests. You are honoring the relationships you have spent a career building.

What a Basic Contingency Plan Covers

This is not meant to be an exhaustive checklist, but a practical starting point. A contingency plan needs two things:

1. A designated successor or trusted contact who can step in or wind down your practice, and
2. A written document that formalizes the arrangement.

Every plan should address two practical areas:

1. Active client matters

• How to locate active files, deadlines, and upcoming obligations
• How to notify clients and give them options for moving forward
• Who serves as successor counsel, or how clients can access alternative representation

2. Business Operations

• Access to bank accounts, trust accounts, and billing records
• Passwords, emails, and key vendor contacts
• Any contracts or long-term liabilities that need to be addressed

Without this level of clarity, even a well-run practice can unravel quickly. You do not need a perfect plan, but you should have one that allows someone else to step in and act without hesitation.

For a more detailed breakdown of succession planning for disability or death, see our full guide here.

FAQs About Law Firm Contingency Planning

When Should I Create a Law Firm Contingency Plan?

As soon as possible, while you are still in good health and have your faculties. It’s better to create a simple plan now and refine it as needed than to wait until you have time to craft the “perfect” contingency plan.

Am I Required to Have a Law Firm Contingency Plan?

While you may not face punishment for failing to have a plan in place, most state bar rules do require attorneys to take steps to protect clients in the event they can no longer practice. A contingency plan is how you do that. Failing to plan isn’t just a business risk; it’s a potential violation of your professional responsibilities, which you’ve always taken seriously. Don’t stop now.

I Have a Law Partner. Do I Still Need a Contingency Plan?

While sole practitioners are more vulnerable to practice disruptions in the event of illness, law partners and small firm owners should still have official written contingency plans in place, especially if the firm’s operations depend heavily on only a couple of key attorneys.

The Best Time to Plan Is Before You Need To

No one can predict when a health issue will arise, or how serious it will be. But every attorney can prepare for the unexpected. A basic contingency plan helps ensure your clients, staff, and family are not left to manage it alone.

You have spent your career advising clients to plan ahead. Consider this your reminder to do the same.

If you are not sure where to start, Roy Ginsburg can help. Call 612-524-5837 or connect online.