Imagine that tomorrow morning you could not go to work. Maybe you were seriously injured in an accident, suffered an unexpected illness, or experienced some other emergency that left you unable to communicate with your office.

What would happen to your law practice? Would someone know what hearings, closings, and deadlines were approaching? Could anyone access your calendar and client files? Would someone know how to get into your computer and the software your firm uses? Who could access the trust account? Most importantly, would someone know what needed to be done to protect your clients?

These questions are especially important for solo practitioners and small firms, where one lawyer may hold much of the information necessary to keep the practice running. But larger firms are not immune. A lawyer may be the only person who knows the status of a particular matter, the details of an important client relationship, or where critical information is stored.

In North Carolina, succession planning is more than just a good practice-management idea. Comment [5] to Rule 1.3 of the Rules of Professional Conduct recognizes that the duty of diligence may require a solo practitioner to prepare a plan for the lawyer’s death or disability. The comment specifically contemplates designating another competent lawyer to review client files, notify clients, and determine whether immediate action is necessary to protect their interests.

Start with the calendar. Someone other than you should be able to identify upcoming deadlines, court appearances, closings, appointments, and other time-sensitive obligations. A deadline that exists only in one lawyer’s memory or on a calendar no one else can access creates an obvious risk.

Next, think about your files and technology. Could someone locate every active client matter? Are files organized in a way that another lawyer could understand? Your emergency plan should explain where critical information is located and how an authorized person can obtain access to it. That includes a secure plan for necessary passwords and authentication credentials.

Financial systems deserve attention as well. Someone needs to understand how the firm’s operating and trust accounts are managed, what bills need to be paid, how client funds are handled, and what authority would be necessary to keep essential functions operating. Trust accounts require particular care because another person cannot simply step in and start signing checks without appropriate authority.

For solo practitioners, identifying another lawyer who can step in during an emergency is particularly important. Solo lawyers should consider executing a power of attorney that gives the emergency attorney the authority to act as attorney-in-fact in the event of the solo lawyer’s disability.

The North Carolina State Bar recommends succession planning that allows another lawyer to identify clients requiring attention and take appropriate steps to protect their interests. The Bar also recognizes that, when no adequate plan exists, a court may appoint a lawyer to inventory the files of a lawyer who has disappeared, died, or become disabled and take appropriate protective action. Planning in advance is far preferable to leaving clients, family members, employees, and the State Bar to sort everything out after an emergency occurs.

Finally, write it down. A plan that exists only in your head will not help anyone if you are the person who is unavailable. Create written instructions explaining who should be contacted, where calendars and files are maintained, how essential systems can be accessed, how clients should be notified, and who has authority to make necessary decisions. Then review the plan periodically as your practice changes.

Hopefully, you will never need it. But succession planning is ultimately about protecting your clients. They should not miss a statute of limitations, lose access to money held in trust, or discover that no one knows the status of their matter because their lawyer unexpectedly became unavailable.

A well-managed law practice should have a plan for tomorrow, even if the lawyer cannot be there.