Office of Bar Counsel, 0419 WYBJ, Vol. 42 No. 3. 12
| Author | Mark W. Gifford, Wyoming State Bar Office of Bar Counsel Cheyenne, Wyoming |
| Position | Vol. 42 3 Pg. 12 |
Wyoming's
Surrogate Lawyers: Cause for Celebration
Mark
W. Gifford, Wyoming State Bar Office of Bar Counsel Cheyenne,
Wyoming
Since I
last wrote about the need for and importance of surrogate
lawyers nearly three years ago (see "Care About
Your Clients? Designate a Surrogate!" Wyoming
Lawyer, June 2016, p. 12), the age demographic of
Wyoming lawyers has continued its shift towards practitioners
remaining in active practice farther into their lives. One
out of three active members of the Wyoming State Bar is over
the age of 60; 20% are over the age of 65; 9% are over the
age of 70. For active status members within the state, the
numbers are even more dramatic: 37% are over the age of 60;
one out of four is over the age of 65; 11% are over the age
of 70.
The
frequency of deaths of Wyoming lawyers in active practice
continues to climb. When those numbers are added to the
number of active practitioners who experience an
incapacitating event— disabling illness, for instance,
or injury—the lawyer's clients may be placed at
risk.
One of
the important services provided by the Wyoming State Bar is
assistance to the families and colleagues of lawyers who pass
away or are rendered unable to practice. We continue to
encourage lawyers to designate surrogates, and a good many
do. When the inevitable comes to pass, my office will contact
the lawyer's designated surrogate if one has been named.
In the absence of a designated surrogate, I will contact
colleagues in a recruitment effort of sorts. I will draft a
petition for appointment of surrogate (called
"protective counsel" in the language of Rule 26(d),
WR.Disc.Proc.) and an order appointing surrogate. The
petition is then filed in district court and an order is
entered.
The
order authorizes the surrogate lawyer to inventory the
deceased or incapacitated lawyer's files, arrange for
reassignment of active matters and take possession of the
lawyer's trust account. Once the lawyer's practice
has been wound up, the surrogate lawyer files a report with
the district court and the court issues an order discharging
the surrogate lawyer. If the deceased or incapacitated lawyer
had a busy practice, this can be quite a task to take on.
It is
heartwarming to see the enthusiastic response calls for
lawyers to serve as surrogates for their fallen colleagues
have met. Rarely are such requests turned down. Never has a
...
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