That’s around six thousand six hundred law practices where the unexpected unavailability of the principal has the potential to impact clients, staff, and the practitioner’s families. My practice is one of them.

A lot of these solicitors will be working on clients’ wills and estate management, along with drafting enduring powers of attorney, yet have not paused to consider what would happen with their own practice in the case of death or incapacity.

I’m grateful to have been able to sit down with the Law Society of NSW’s top expert in this field, External Intervention Solicitor David Viney in an LSJ podcast that’s available here.

As David’s job title implies, he becomes involved with managing practices in circumstances prescribed by Chapter 6 of the Legal Profession Uniform Law, including where a practitioner has died or cannot attend to the affairs of the law practice.

We think practitioners would prefer to have a choice about who runs their practice when they can’t. That’s why I’m encouraging all sole practitioners and principals to nominate their own personal representative and an alternate to ensure clients can continue receiving the attention they need should the unexpected happen.

The nominated person can be appointed as Manager or Principal, if needed. They then become responsible for conducting and, if necessary, disposing of a sole practitioner’s law practice, in the event the practitioner cannot.

There are some things to consider before nominating a personal representative, for example, whether they are experienced in your area of practice and able to step in at short notice. There’s a checklist with pdf form here. But even better, the whole process can be completed in minutes on our online form available here.

Nominating a personal representative and letting us know, ensures that if you are suddenly out of the picture, transferring the management of your practice to someone you trust can be as seamless as possible.

I know there’ll be a temptation to put this off, but I strongly urge all practitioners to attend to this important piece of succession and contingency planning as soon as possible, if only to provide a little peace of mind.

Vale to a true servant of the law

Last Friday, friends and colleagues of the late Pamela Suttor bid her farewell following her passing on 31 October.

Pamela Suttor gave 58 years’ service to the community as a solicitor, many of those years serving the profession as well as clients who were appreciative of her deep expertise, especially in wills and estates. Most of her practice was as a partner or principal of L. Rundle & Co Solicitors.

Pam’s service to the profession included a total of more than 13 years as a Councillor of the Law Society of NSW, where she also chaired the Elder Law and Succession Committee for around a decade. This was just one of the numerous committee and advisory positions in which Pam served over her lengthy and distinguished career.

Her other Law Society Committee roles included, Professional Standards, Fidelity Fund, Specialist Accreditation Board, Ethics, and on the Council’s Audit and Finance Committee. Pam represented the solicitor profession on the Supreme Court Equity Users’ Group, as a member of the Attorney General’s Succession Act Implementation Committee and on the Law Council of Australia’s National Elder Law and Succession Committee and both member and Co-chair.

This is an extraordinary legacy for any solicitor to leave and makes Pam Suttor an exemplar of service for the profession. In gratitude for that service, I convey my condolences to Pam’s family and friends on behalf of the Law Society of NSW.

Cassandra Banks, President, Law Society of NSW