The Oklahoma Bar Journal April 2023

A Checklist for Closing Your Law Office A ttorneys & A ging

or sign an authorization for you to release the files to their new attorneys. ( See “A Guide to File Retention and Destruction” on page 18 in this issue of the Oklahoma Bar Journal . You may use the “Acknowledgment of Receipt of File and Authorization for Transfer of Client File” form pro vided in Chapter 4 of the OBA’s Planning Ahead Guide. 1 ) If a client is pick ing up the file, return their original documents to the client and keep copies in your file. You may scan and digitally store your docu ments, but be careful to keep original documents that may be helpful to you in the event of a dispute with a client, e.g ., fee agreement, letters, etc. An original may be preferred for evidentiary purposes. Create a log as to the disposition of every file, e.g ., delivered to a client, stored, transferred to a new attorney, etc. 13) Tell all clients where their

the clients how to proceed. When appropriate, request extensions, continuances and resetting of hearing dates. Send written con firmations of these exten sions, continuances and resets to opposing counsel and your client. 8) Obtain your clients’ per mission to submit a motion and order to withdraw as attorney of record. 9) If a client is obtaining a new attorney, be certain that a substitution of attor ney is filed. 10) Pick an appropriate date to check whether all cases either have a motion and order allowing your withdrawal as attorney of record or have a substitu tion of attorney filed with the court. 11) Give notice and terminate leases and rental agreements. 12) Make copies of files for clients. Retain your original files, unless it makes more sense to provide the client with the original file – for example, for an ongoing case. All clients should either pick up their files (and sign a receipt acknowl edging they received them)

This article was adapted from the Planning Ahead Guide: Attorney Transition Planning in the Event of Death or Incapacity available on the OBA website at https://bit.ly/41Znqty. 1) Calculate accounts receiv able. Ensure sufficient cash is on hand or a sufficient amount will be coming in to sustain you through the announcement and closure of your office. 2) Stop taking new matters. 3) Inform your staff, in person and in writing. 4) Provide your staff with a simple, truthful reason for the closure. 5) Finalize as many active files as possible. 6) Write to clients with active files, advising them that you are unable to continue repre senting them and that they need to retain new counsel. Your letter should inform them about time limitations and time frames important to their cases. The letter should explain how and where they can pick up copies of their files and should give a dead line for doing this. 7) For cases with pending court dates, depositions or hearings, discuss with

closed files will be stored and whom they should contact to retrieve them. Obtain all clients’ per mission, if you have not

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

22 | APRIL 2023

THE OKLAHOMA BAR JOURNAL