“When we are not sure, we are alive.” – Graham Greene
Now that you’ve all taken my advice and registered for this year, let’s talk about a part of the registration process that’s been receiving more and more attention in recent years: the question inquiring whether you have a succession plan. It will likely soon be mandatory for Illinois lawyers actively engaged in private practice to answer “yes,” or to name a “designated representative” as part of the registration process. That requirement will begin if the Illinois Supreme Court approves proposed Supreme Court Rule 781, and lawyers – especially solo and small-firm lawyers – should be prepared for it. Many are, but some are uncertain about how to do so. Speakers on this issue have often noted that every year, a certain percentage of the attorneys indicate, during registration, that they “don’t know” if they have a succession plan or not. The questions are raised: who would say that, and why?
I think I know.