Being a solo practitioner is nothing short of juggling five full-time jobs: You are a lawyer, the head of HR, an accountant, an IT wizard, and a marketing executive all rolled into one. Your firm’s success or failure rests on your shoulders—an exciting possibility wrapped in a big responsibility. Handling the uncertainties that come with a solo practice can be challenging. Maybe it isn’t as profitable as you anticipated or takes up more of your time than desired. Whatever your motivation, you considered your options, weighed the alternatives, and decided to join a large firm.
Set yourself up for a successful transition by creating a list of action items to complete on an attainable timeline and adopting the right mindset before joining your new colleagues. When thinking about your transition, it’s helpful to divide the process into two phases: (1) closing your practice and (2) joining your new firm. Remember that these steps and the suggestions below are initial considerations and not exhaustive. Your list will vary depending on your situation and timeline.
Closing Your Practice: Fulfilling Your Obligations and Tying Up Loose Ends
Before you plan your next steps, review the status of your operations. Be aware of the status and number of your active files. Remind yourself of any lingering trust accounting issues (e.g., unsent invoices or uncashed refunds). From this analysis, you can start your to-do list.
Consider these four priorities when closing your practice.
- Maintain your duty to current clients. In reviewing your caseload, determine whether each case can close before your transition. Send a formal written notice to all active clients, stating when your firm will be closing and explaining their options and next steps (whether they need a new attorney, can take their file, or can come with you). Inform them of any time limitations or deadlines approaching. Have them confirm their choice in writing or by signature. If clients are coming with you, clarify that they will need to sign a fee agreement with the new firm. If the client is not following you, prepare a copy of the file to send to the client or the client’s new attorney. Check active cases on the docket and file any necessary withdrawals.
- Close your trust account. Prepare to close your account by completing a three-way reconciliation. You may need to send refunds or transfer a retainer to a new attorney. Check with your jurisdiction to see how long to keep your trust account records. Contact your bank to see if there are any charges or forms required to close the account.
- Prepare business status change. Are you required to file a form with the secretary of state? Are you a registered agent for another business? Cancel your office-related rentals, leases, or other contracts at the appropriate time to avoid an interruption in service.
- Update contact information. Change your voice mail, website, and email to state that the firm is closing/closed and who to contact about their case. Some state bars offer an attorney referral service where you can direct clients to seek other counsel. Any publicized state or local bar membership information will also need updating.