Closed and Abandoned Practices

There are many different reasons why a law practice closes, some are planned, for example – retirement, merging firms or entering public office, and others can be unplanned, such as an unexpected disability or death. While no single document or checklist can address all the possible questions or circumstances that will be encountered in the process of closing a practice, these materials attempt to address some of the basic guidelines/recommendations for an effective closure of a law practice.

Closed and Abandoned Practices Handbook

For specific Checklists, FAQs and Forms found in the handbook, please see below.

Definitions

Throughout the forms and documents provided, specific words are used repeatedly, which warrant definition or explanation. Contained below is a list of terms and their ordinary meaning.

Affected Attorney

This is the attorney who for whatever reason, whether that be death, disbarment, suspension, impairment, or retirement, will no longer be engaged in the practice of law, and whose practice, clients, and possibly former clients will be affected. This attorney is sometimes referred to as the planning attorney, impacted attorney or disabled attorney.

Assisting Attorney

This is the attorney, licensed in the Commonwealth of Kentucky, who has consented to assist in the closing of the law practice of the affected attorney, whether that consent be by oral or written agreement.

Special Commissioner

This is the attorney, licensed in the Commonwealth of Kentucky, who has been appointed pursuant to SCR 3.395, by a Court of competent jurisdiction, generally the Circuit Court of the county where the affected attorney’s principal office is/was located to assist in closing out the law practice of the affected attorney.