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Winding Down a Practice

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The stressful and consequential decision to close a law practice raises many questions. “How?” may be the most complicated because law school does not train lawyers on starting businesses, much less winding them down.[1] This article provides a framework with resources to help, and we’ll consider two different reasons for closing a practice—full retirement (yes, please!) and joining another firm.

IDENTIFYING THE ETHICAL FRAMEWORK

Just like they govern your day-to-day practice, the Texas Disciplinary Rules of Professional Conduct (“TDRPC”) and the Texas Rules of Disciplinary Procedure (“TRDP”) establish the ethical framework for closing your practice:

TDRCP 1.03 - Keeping clients reasonably informed includes clear and early notice that you’re closing and what that means for their matters and their files; TDRCP 1.05 – Maintaining confidentiality requires a plan to store, maintain, transfer, and destroy client files; TDRCP 1.09 and 1.10 – Avoiding conflicts requires you to maintain sufficient…

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