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Planning Ahead for Your Clients: Ethical Considerations
Tues. Feb 5 | DoubleTree Hotel, Overland Park
Speakers: Stan Hazlett, Office of the Disciplinary Administrator; Chuck Andres, Law Offices of Charles Andres; John Gerstle, Attorney at Law, Olathe.
9:15-9:45am – Registration, Coffee/pastries
9:45-10:35am - Stan Hazlett, Office of the Disciplinary Administrator
This session will provide examples of instances leading to the appointment of an attorney under Supreme Court Rule 221 to protect the interests of clients of a lawyer who can no longer practice. Succession plans for lawyers. The role of the Client Protection Fund in situations where Supreme Court Rule 221 has been invoked.
10:35-10:45am – Break
10:45–11:35am - Panel - Charles Andres, John Gerstle and Stan Hazlett (moderator)
John Gerstle will discuss - What is the role of the “Rule 221 Attorney” appointed to inventory the files of the inactive, disappeared, deceased, suspended, or disbarred attorney, and what authority should be granted “to protect the interests of the attorney and the attorney's clients” as it relates to giving notice to courts and active clients; client trust account transactions and disputes; and control/return of client files including a sample Order Appointing Rule 221 Attorney
Charles Andres will discuss - What are the ethical concerns that a lawyer must consider when planning for retirement and/or the closing of the law office including a) ethical obligations to clients and funds held in trust; b) file destruction procedures and/or transfer to new counsel; c) formal withdraw procedures from cases: d) achieving inactive status in good standing; e) office property sale and/or division; and f) the winding down of the corporate, tax and lease obligations.