Backup Lawyers for Solos and Small Firms | September 2025
Tuesday, September 9, 2025 | 12:00 – 1:00 PM CT
1.0 Hour Professional Responsibility MCLE Credit (pending approval)
If you were to experience a short-term disability or sudden emergency that kept you from practicing law, would your clients—and your firm—still be protected?
This one-hour session will guide solo practitioners and small firm attorneys through the process of setting up a reliable backup lawyer arrangement. From illness and injury to other unexpected disruptions, a backup lawyer can safeguard your practice during temporary absences, prevent potential malpractice claims, and ensure continued service to your clients.
In Person: 20 S Clark St #800, Chicago, IL 60603
Webinar: Attend via Zoom
What You’ll Learn from September’s Backup Lawyers for Solos and Small Firms Event
Solo practitioners and small firm attorneys face unique challenges when unexpected emergencies arise, such as illness, injury, or temporary disability. Without a formal plan in place, these disruptions can jeopardize client matters and expose the firm to ethical and professional liability. That’s why establishing a backup lawyer arrangement is essential—not only as a best practice, but as an ethical obligation.
This webinar introduces the key components of creating and maintaining a reliable backup lawyer plan, including how to start the process, document responsibilities, address conflicts of interest, choose the right colleague, review the plan annually, and ensure compliance with Illinois Rules of Professional Conduct.
How to Start the Process of Creating a Backup Lawyer Plan
The first step in developing a backup lawyer plan is to acknowledge the possibility of unexpected absences due to illness, injury, or personal emergencies. From there, solo attorneys should begin identifying trustworthy colleagues—often within their professional network—who understand their practice area and can step in if needed.
Early conversations should outline general expectations, capacity, and availability. This foundational step sets the tone for a formal and practical backup arrangement, opening the door for mutual planning and coordination.
Steps to Formally Implement and Document the Arrangement
Once an attorney identifies a suitable backup, the next step is to formalize the relationship through written agreements. Documentation should clearly outline the scope of the backup lawyer’s authority, responsibilities, compensation (if applicable), access to case files, and procedures for client communications.
This step may also involve granting conditional power of attorney, setting up shared calendar systems, and ensuring that the plan complies with applicable state rules of professional conduct. Proper documentation is essential not only for clarity but also for liability protection and continuity of operations.
Addressing Conflicts of Interest and Client Notification
Before any backup lawyer agreement becomes operational, potential conflicts of interest must be carefully reviewed. The backup lawyer should be screened against current and former clients to avoid ethical violations.
Once the relationship is established, clients must be informed—ideally in the engagement letter or through a separate disclosure—that a backup lawyer may temporarily handle matters in the event of the primary attorney’s incapacity. Transparency fosters trust and ensures that clients are informed about the steps taken to protect their interests.
Criteria for Selecting the Right Backup Lawyer
Choosing the right backup lawyer involves more than just availability. Attorneys should consider a candidate’s experience in similar practice areas, professional reputation, location, and familiarity with court systems and procedures relevant to the firm’s caseload.
Equally important are shared ethical standards, communication style, and the ability to maintain confidentiality and diligence. A well-chosen backup lawyer should be someone the primary attorney would trust with their legal matters.
How to Conduct Annual Reviews of Your Plan
Backup lawyer plans should not remain static. Each year, attorneys should review the arrangement to confirm that the backup is still willing and able to serve. Updates may be necessary due to changes in practice areas, client base, technology systems, or the availability of the backup lawyer.
Annual reviews are also a good opportunity to re-examine documentation, address any new ethical concerns, and test access procedures to ensure smooth transitions in the event of an actual emergency.
Ethical Obligations and Professional Responsibility Considerations
The Illinois Rules of Professional Conduct clearly state that lawyers must act competently and diligently in representing clients, even during unexpected absences. For solo practitioners, this includes anticipating how client matters will be handled if they are temporarily unable to practice.
Failure to plan can lead to missed deadlines, court sanctions, or even malpractice claims. Establishing a backup lawyer arrangement is a proactive measure that reflects a lawyer’s commitment to their ethical duty of care and continuity of service.
Backup Lawyers for Solos and Small Firms, Presented by Garrett Kern
Garrett Kern
Chief Claims & Risk Management Officer at ISBA Mutual Insurance Company
Garrett Kern is the Chief Claims and Risk Management Officer at ISBA Mutual Insurance Company, where he leads initiatives in professional liability and risk management for legal professionals. With over two decades of experience in the insurance industry, Garrett has held senior roles at Skyward Specialty Insurance, RLI Insurance Company, and Argo Group, specializing in claims management and risk mitigation.
He began his career as a partner at Foran Glennon Palandech Ponzi & Rudloff, focusing on construction litigation, product liability, and commercial property coverage. Garrett holds a JD from Loyola University Chicago School of Law and a BA in Government from the University of Notre Dame.