The Oklahoma Bar Journal April 2023

B ABY BOOMERS WHO MAY BE CONSIDERING CLOSING THEIR PRACTICE are doing so at a time when legal malpractice claims are on the rise and are expected to con tinue to do so. 1 Thankfully, in Oklahoma, the total number of malpractice claims received by Oklahoma Attorneys Mutual Insurance Co. has not varied greatly, but the percentage of claims against attorneys in the baby boomer demographic has increased. Accordingly, it is imperative that thoughtful consideration be given to both when to retire and how to do so in a manner that decreases the chance of a malpractice claim.

At the center of that evaluation should be your clients; secondary to that is one’s legacy as a lawyer. There is nothing sadder than seeing bar complaints or legal malpractice claims against once well-regarded attorneys who have fallen into a trap that they would not have a few years earlier. Although legal malpractice and bar complaints are not the same, attorneys in the demographic of practicing 26 or more years have received the high est percentage of formal grievances from the Oklahoma Bar Association for at least the past decade. 4 Consideration of one’s health, mental capacity and the effectiveness of the representation one is providing to their clients in the types of cases that are being undertaken is a task that anyone considering whether it is time to retire should undertake. One should also discuss the topic

with their spouse and/or trusted colleagues to obtain more objective views. Even if you determine you are still able to provide competent rep resentation, you might determine to change the focus of your practice. As Daniel Owens, retired district court judge for Oklahoma County, once pronounced from the bench during a motion docket, “Trial attorneys are like gunfighters, you don’t see very many old ones walking around.” PLANNING THE CLOSING OF YOUR PRACTICE Once you decide to close your prac tice, your first step should be to read “Closing an Oklahoma Law Practice,” 5 which provides “A Basic Checklist for Closing a Practice” as well as references to other resources to come up with your closing plan. Failing to properly plan is planning to fail.

MAKING THE DECISION ON CLOSING YOUR PRACTICE When should an attorney wind up their practice? All great questions have something in common: There is no surefire formula for arriving at an answer. Deciding when to retire and how to exit your practice is undoubtedly tough. There is no magical age ( i.e. , 65) when an attor ney needs to retire. The Oklahoma Rules of Professional Conduct make clear that an attorney may continue to practice law as long as the “lawyer [can] provide competent representa tion to a client.” 2 The Rules Governing Disciplinary Proceedings defines the term “personally incapable of practicing law.” 3 Therefore, attorneys are required to “self-evaluate” their competence to continue practicing law, regardless of how difficult or painful that self-evaluation might be.

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.

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THE OKLAHOMA BAR JOURNAL