Transitioning Lawyers Committee

The Transition Lawyers Committee (TLC) was established to provide information, guidance, and resources to Bar members, who are transitioning into or out of the practice of law, or who are contemplating the closure or sale of a law practice.


Who is a transitioning lawyer?

At the outset, the TLC tried to assess the needs of attorneys in the private practice of law, primarily solo and small firm practitioners, who were contemplating a professional change to government practice, nonprofit employment, corporate practice, non-legal employment, or retirement. In the assessment, the TLC recognized the longevity of employment has continued to increase as Hawaii's population retains its enviable life expectancy projections due to an increased awareness of "quality of life" factors such as diet and exercise. The TLC reviewed other Bar Association webpages to identify trends of Mainland counterparts. In addition, the Office of Disciplinary Counsel and the Attorneys Assistance Office were consulted and asked to be a part of the local endeavors. It was then decided that a dedicated webpage consisting of articles by Hawaii and out-of-state authors would meet its mission.

The articles posted provide general background information for HSBA members. It is not intended to serve as a substitute for legal counsel. For specific legal advice on individual situation, legal counsel should be consulted. When reviewing articles authored by out-of-state contributors, keep in mind that the Rules of the Supreme Court of Hawaii, the Hawaii Rules of Professional Conduct, formal opinions or advisories issued by the Office of Disciplinary Counsel, and other Hawaii statutes, rules, regulations and case law precedents should also be reviewed as appropriate. The posting of these articles does not constitute an approval or endorsement by the HSBA, and the HSBA will not be responsible for any damages, claims, losses, liabilities, costs or expenses that may arise from the use of the articles.

Websites

AARP
ABA Health Care Decision Making
City and County of Honolulu Elderly Affairs Division
Hawaii County Center on Aging
Hawaii Fraud Prevention Resource Guide 3rd Edition 
Hawaii Attorney General & DCCA
Kauai County Center on Aging
Kokua Mau

Lawyers in Transition - Resources related to end-of-career issues Center for Professional Responsibility, American Bar Association
Maui Center of Aging
National Institute on Aging
US Dept of Health & Human Services
Retirement Planning & Security US Dept of Health & Human Services
Senior Lawyer Resources Lawyer Assistance Programs, American Bar Association
Executive Office of Aging (EOA) State of Hawaii, Department of Health

Succession Planning: It's Never Too Early!

End of Life Decisions: Powers of Attorney & Living Wills  Laura E. Fine, ABA Law Practice Division
Five Reasons Lawyers Avoid Retirement 
Camielle Stell, AttorneyatWork, Illinois
Is this the Time to Plan Your Retirement?  
Ida Abbot, AttorneyatWork

Not Fade Away: Can Old Lawyers Age Successfully?  Edward C. Winslow III, ABA Law Practice Division
Succession Planning Preparing your Law Firm's Future
David French, Esq., D. French Advisors, LLC, Tim Eigo, M.A., J.D, Arizona State Bar Association
The Art of Client Succession Planning
Stephanie Hood, Esq. Hemenway & Barnes, LLP
New Article!
  The Right Time to Retire: How Do You Know?   Ida O. Abbot, ABA Senior Division Magazine
Use Succession Planning as a Risk Management Tool Camille Stell, ABA Law Practice Today 

Closing a Law Practice: Crossing the T's & Dotting the I's

Guidance on Closing Your Office Jay Reeves, Esq., Lawyers Mutual Inc. North Carolina Bar Association
How Does Your Capital Look? Stephanie Hood, Esq. Hemenway, & Barnes, LLP
Need Some Advice? Here's a roundup of our tips and tricks to help launch 2021! LeeRawles, ABA Journal
Plan Ahead For Closing A Law Practice Lawyers Mutual Insurance Company, North Carolina Bar Association
Why Everyone Needs A Firm Emergency Plan Warren Savage, Esq. Bailey and Dixon, North Carolina Bar Association

Ethical Considerations: Doing It Right!


ABA Model Rules for Lawyer Disciplinary Enforcement, Rule 28 (Appointment of Counsel to Protect Clients’ Interests When Respondent Is Transferred to Disability Inactive Status, Suspended, Disbarred, Disappears, or Dies) 
ABA Center of Professional Responsibility
ABA Formal Opinion 92-369 - Disposition of Deceased Sole Practitioner’s Client Files and Property 
ABA Standing Committee on Ethics and Professional Responsibility, December 7, 1992
ABA Formal Opinion 03-431 - Lawyer's Duty to Report Rule Violations by Another Lawyer Who may Suffer from Disability or Impairment 
ABA Standing Committee on Ethics and Professional Responsibility, August 8, 2003
ABA Formal Opinion 03-429 - Obligation with Respect to Mentally Impaired Lawyer in the Firm
ABA Standing Committee on Ethics and Professional Responsibility, June 11, 2003
Becoming a "Dementia-Capable" Attorney James H. Pietsch, Esq., William S. Richardson School of Law. This article was first published in the 2015 13th edition of the Hawaii Bar Journal. Copyright retained by author.
Ethics of Law Form Dissolutions  James W. Ozog, Esq.; Michael P. Luongo, Esq.; Seth L. Laver, Esq.; Goldberg Segalla
How to Handle Files upon Retirement Carol Richelieu, Esq.
Long-Term Care in Hawaii Scott C. Suzuki, Esq., Law Offices of Scott Suzuki. This article was first published in the 2015 23rd edition of the Hawaii Bar Journal. Copyright retained by author.
New Article! 
Model Rule 1.16(a)2: Where Wellness Meets Withdrawal  Mark J. Fucile, ABA Center for Professional Responsibility
Order Amending Rule 1.3 of the Hawaii Rules of Professional Conduct (8/5/2020) 
Running Past Landmines - The Estate Attorney’s Dilemma: Ethically Counseling the Client with Alzheimer’s Disease 
Joseph Karl Grant, Florida A & M University College of Law
Solos and Small Firms need to Prepare for Death and Disaster
 Amanda Robert, ABA Journal
The Role of Laws and Lawyers in Helping Avoid Disappointment at the End of Life Part 1  James Pietsch, HBJ
 
The Role of Laws and Lawyers in Helping Avoid Disappointment at the End of Life Part 2  James Pietsch, HBJ

Health and Well-Being: Keeping Mentally & Physically Fit!


A Gentle Landing: LAPs, Bar Associations Help Lawyers with Age-Related Cognitive Impairment
Robert J. Derocher, Esq. Journalist, ABA Bar Leader Contributor, American Bar Association Division of Bar Services
A Wellness Guide for Senior Lawyers and Their Families, Friends and Colleagues State Bar of California, Solo & Small Firm Section
Dark and Stormy Nights, Silver Linings, and Attorney Well-Being Erna Womble, ABA Law Practice Division
New Article! Elder Law Approaching the Post Covid-19 Pandemic Era James Pietsch, Professor of Law at the William S. Richardson School of Law, Director of the University of Hawai'i Elder Law Program
Gray But not Retired: Ways to Stay Engaged in Law Charlie T. Hvass, Donna Law Firm, American Bar Association News
How Lawyers can Manage Stress and Cortisol Levels During the COVID-19 Crisis James Gray, ABA Journal April 2020
How Lawyers Can Avoid Burnout and Debilitating Anxiety
Leslie A. Gordon, Esq. Law Offices of Leslie A. Gordon, ABA Journal, American Bar Association
Lawyer Impairment and Related Ethical Consideration Lennes N. Omuro, Esq., Goodsill Anderson Quinn & Stifel, LLP. This article was first published in the February 2017 issue of the Hawaii Bar Journal. The copyright is retained by the author.
Lawyers, Addition and COVID-19: 'Changing the Landscape for Everyone' James Gray, ABA Journal June 2020
Out of Focus: Lawyer and Firms Can No Longer Ignore Dementia Christine Simmons, American Lawyer
Survival Skill No. 2 for Lawyers: Dealing with Chronic Stress ABA Journal August 2020
Ten Steps to Identify Irrational Resistance to Self Care ABA Journal August 2020

The Power of Empathy 
Kendrah Brodin, ABA Law Practice Today
10 Tips for Guardians of Older Adults
 David Godfrey, ABA Senior Lawyers Division

Covering all Bases: Disaster Preparation

Disaster Resources ABA Law Practice Division
Technology: How to Prepare for the Inevitable Jeffrey Allen & Ashley Hallene, ABA Senior Lawyers Division

Videos

Lawyer Resilience and Grit: How to thrive as a Lawyer Dr. Larry Richard., LawyerBrain, LLC. American Bar Association Legal Career Central Career Advice Series

If you have any suggested articles or videos for web page inclusion, email your suggestion with attribution information to Evelyn Gomez at [email protected].

 

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