As lawyers, we all prepare for deadlines, completion dates, limitation dates, check lists, etc. to keep our life in order. If all of sudden a law partner has a critical disease, accident or dies, you must immediately deal with a situation you have not prepared for. While you are dealing with the grief of yourself and of your firm, you still have a law practice to run.
You must do everything you can do to assist the lawyer and their family.
What to do:
Your Staff
- Try to keep the staff informed as much as possible about the lawyer. Have only one informed source of the lawyer’s health;
- Give the staff as much time as possible to deal with their shock and grief;
- Discourage Google Doctors and people telling their own experiences.
The lawyer’s files
- The lawyer’s files need to be reviewed as soon as possible;
- Organize the files:
- Determine the urgent files — time limits, undertakings, court dates, completion dates, BFs;
- Review fee agreements, contingency agreements, etc.;
- Determine who to assign the files to;
- You may need to refer the files to an outside lawyer if you do not have the time or the skill;
- Review trust funds, work in progress and account receivables;
- Contact the clients and advise them of the situation;
- Contact the opposing lawyers and the courts.
The Business of the Office
- Contact banks (banks hate surprises);
- Review the “cash” situation, including short-time and long-term cash in-flow and out-flow, payroll, federal remittances, GST, PST and fixed payments;
- Review the Partnership Agreement;
- Review contracts, including office leases, equipment leases and any other fixed contracts;
- Review all firm insurance policies, including disability insurance and life insurance for both the lawyer and the firm. Determine the timeline to receive funds from any of the insurance policies.
The Law Society of BC
- Advise the Law Society of BC that the lawyer has passed;
- Contact the Practice Advisor Office if needed;
- Call a Bencher if needed;
- There are many Practice Checklists on the Law Society of BC website. They are very helpful, for areas of law which are alien to you;
- The Law Society has created the “Lawyers Well-Being Hub” on their website, which includes access to resources, including:
- Lawyers Assistance Program —an organization that provides counselling services for lawyers and their families;
- TELUS Health One provides free, confidential, 24/7 support for various issues faced by lawyers and their families.
Other sources of help
- CBA (BC) Benevolent Society:
- This society exists to respond to a crisis in a lawyer’s or articled student’s life and to provide emergency funding as a measure of dignity to the lawyer and their family;
- This society’s main mandate is to assist living lawyers, however a family of a deceased lawyer may apply for financial assistance to make the final arrangements for the deceased lawyer.
- Another lawyer:
- There is a lot of good will in the legal profession. Call another lawyer if you need help. Most lawyers will assist you.
Areas to improve
- When a member passes away, there is only limited funding available for a family of a deceased member;
- Neither the Lawyers Assistance Program nor CBA (BC) Benevolent Society are able to issue tax receipts for donations. If lawyers could donate to either society and receive a receipt, both of these organizations will be able to help more lawyers. If lawyers do not help lawyers, no one else will.
Look after yourself
- Everyone needs you — the lawyer’s family, your firm and your family.