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For Immediate Release: December 9, 2005

"Unless permitted by law to sell an area of his practice, an aging lawyer will be compelled to close his practice and merely wait for death to reach his doorstep. The alternative of keeping the door open in order to reap continuing economic benefits does a disservice both to his clients who no longer will receive his full attention and skill, and to the lawyer," according to Ed Poll, The Practical Guide to Profit™ for lawyers, who testified on December 2nd before the Ethics Commission of the State Bar of California.

The Commission is examining California's Rule 2-300 about the sale of a law practice and all the other Rules of Professional Conduct in light of recent changes to the Model Rules of the American Bar Association.

In 1989, California became the first state to allow a lawyer to sell his or her entire law practice. In 1991, the ABA followed and, since then, more than 40 states have such rules. In 2003, the ABA broadened its Rule 1.17 to allow lawyers to sell an area of their practice. Poll, a catalyst for that change, said that "Allowing a lawyer to sell an area of his practice while retaining a different area of practice will permit his gradual retirement. The current proposal being considered by the California Commission goes beyond the modification enacted by the ABA.

Poll suggested that the revised ABA Model Rule 1.17 currently in place achieves the appropriate compromise between the lawyer's and the client's interests and avoids the drafting difficulties currently being examined by the Commission.

Poll's emphasis was on the protection of clients. Aging lawyers or lawyers emotionally committed to closing their practice leave their clients long before they close their doors. This decrease in effectiveness for the benefit of clients can be avoided by permitting lawyers to sell their practices, or areas of their practice, to lawyers wanting to grow their practice. In addition, Poll said that "This rule really impacts only the sole and small firm practitioner; the large firms accomplish the same thing by calling it something else and never concern themselves with this rule. It is unfair to ignore the needs of more than 60% of the Bar. The playing field needs to be more level." Poll continued, "Economics of the market place will govern; if the Bar makes this rule unworkable, lawyers will find ways to get around the rule as they have in other states."

This year, Illinois joined the list of states permitting the sale of a law practice. Oregon is the most recent state to modify its rule, following the ABA revised Model rule.

Poll recently published his new, "Selling Your Law Practice: The Profitable Exit Strategy." (LawBiz^® Pub. Co. 2005). LawBiz^® Management Co. consults with and coaches lawyers and law firms throughout the United States, Mexico and England. For more information, contact Ed Poll at edpoll@lawbiz.com or call (800) 837-5880; also, http://www.lawbizblog.com.