If you are a solo attorney, you need to have a designated backup attorney, if for no other reason than to enable you to take a true vacation now and again. Of course, doing so can also make sure that your client’s interests are protected in case of an unforeseen circumstance such as an illness or accident that necessitates some time away from your practice. In short, designating a backup attorney is all about ensuring continuity of service, maintaining client trust, upholding your professional responsibilities, and taking care of yourself.
Given that the role of a backup attorney is to cover for you during short absences, you’re going to want to look for someone who is competent and experienced in your areas of practice; is someone you can trust with sensitive client information; has a similar approach to client management and case handling as you; is not likely to have a significant number of conflict concerns arise as a result of having to step in; and has the time, or the ability to make the time, to assume something of an additional practice for short periods of time.
To find the right person, start by making a list of potential candidates. These attorneys could be local colleagues you’ve worked with, lawyers associated with your local bar, or recommendations from trusted peers. Then have a discussion with potential candidates about what the role entails. Clarify the scope of their responsibilities, to include client communication expectations, and set forth any other specific needs you have. If you have the wherewithal to do so, when making the ask, why not also consider offering to serve as their designated backup as well? This may make it easier for them to say yes.
Once you’ve selected a backup attorney, formalize the agreement in writing. At a minimum, set forth the scope of the work, to include any administrative tasks; the compensation agreement; confidentiality obligations; and the process for transitioning matters from and back to you in the event of an extended absence. When that process is complete, make certain you let appropriate employees know who you’ve selected and instruct them as to when and how to contact this individual should his or her services ever be needed.
Next, to help make your backup attorney’s transition as smooth as possible, prioritize maintaining a current office procedures manual that explains your calendaring process, conflict system, active file list, and any other key office procedures. This will help bring your backup attorney expeditiously up to speed on how your practice is run. Most importantly, keep critical systems such as the calendar and conflict systems up to date at all times, and make certain that all files are thoroughly documented and current kept as to their status. The reason is your backup attorney will need to review your files and mistakes can and may be made with poorly documented and/or incomplete files. And last but not least, consider providing notice of the existence of and reason for a designated backup attorney in your fee agreements so that clients are aware of the steps you have taken to protect their interests in the event of an emergency.
Now, one final thought. I see the process of selecting a backup attorney and a successor attorney as being one in the same for most solos due to the degree to which the responsibilities and required skill set of both roles overlap. Further, remember what the role of a backup attorney is and recognize that the role of a successor attorney is to take on the responsibility of winding down your practice. Neither role is charged with taking on all the responsibilities of running of a second practice long-term. This understanding can help make the process of finding someone willing to serve a bit easier, particularly if an agreement to serve in this capacity is reciprocal.
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