The following is furnished only as a basic example of the type of clause that an attorney might consider inserting into a fee agreement in the event that they have designated a custodian attorney.
Additional Clause for Fee Agreements
Succession Planning
1
The attorney has designated a custodian attorney in accordance with section 13.04 of the Texas Rules of Disciplinary Procedure who will have access to your file and who will contact you in the event of an unexpected cessation of the attorney’s practice, including the attorney’s death or disability. In this event, the custodian attorney, who is licensed in Texas, will contact you and assist you with accessing your file and transitioning your case to a new attorney. The custodian attorney, however, will not “inherit” your case and the designation does not establish an attorney-client relationship between you and the custodian attorney. The custodian attorney will maintain confidentiality of the file.