Lawyers Die Too
Death is inevitable. Incapacity is possible. And while neither topic is pleasant to think about, both are realities that demand preparation. As the saying goes:
- failure to plan is planning to fail.
Recognizing this, the Law Society of Ontario (LSO) has recently introduced important amendments that directly address what happens when a lawyer suddenly cannot continue practising.
Effective January 1, 2025, all Ontario lawyers in private practice are now required to maintain a written contingency plan to protect their clients in the event of illness, disability, unexpected absence, or death. By March 31, 2026, lawyers must formally confirm compliance with this requirement in their Annual Reports.
What the New Rule Requires
At a minimum, every contingency plan must:
- Appoint another lawyer or paralegal as a Plan Administrator
- Require that person to notify the LSO and the professional liability insurer
- Inform clients that the lawyer can no longer continue acting
- Arrange for the transfer or return of client files and property
- Access and properly deal with trust funds, where applicable
- Be documented in writing and reviewed annually
Templates, checklists, and tools are now available through the LSO to help practitioners comply.
This isn’t just regulatory housekeeping. It is fundamentally about protecting clients, upholding professional obligations, and reducing both liability and reputational risk.
A Lesson That Extends Beyond the Legal Profession
Although this requirement directly affects lawyers, the message applies far more broadly. The principle is simple:
Everyone needs a contingency plan.
In our personal lives, this means proper estate planning, including a valid Will and Powers of Attorney. But it goes further than simply signing documents. The people appointed as Attorney for Property, Attorney for Personal Care, or Estate Trustee should:
- Know they have been appointed
- Understand their responsibilities
- Accept the role knowingly and willingly
- Be given essential information about assets, accounts, access credentials, and advisors
Too often, Estate Trustees or Attorneys only learn about their responsibilities when tragedy has already struck and when information is difficult to gather. Communication and preparation are key.
What are the access codes to cellphones, computers and everything else?
Businesses Need Planning Too
Employers and organizations should also take note. What happens if a key employee becomes incapacitated or dies? Are their passwords known? Are systems accessible? Are processes documented?
Without planning, business operations can grind to a halt, sometimes with serious consequences.
A Useful Reminder for All of Us
The LSO’s new contingency planning requirement highlights a universal truth: life is uncertain, but planning is within our control. Whether as lawyers, business owners, professionals, parents, or employers, we all have responsibilities that should not simply vanish if something happens to us.
Putting a plan in place is not morbid. It is practical. It is respectful. And it protects the people who rely on us.
A thoughtful contingency plan, like a good estate plan, is ultimately a gift to clients, to families, to colleagues, and to ourselves.
Brian Madigan LL.B., Broker