Many lawyers start their firms focused on helping clients and building a successful practice, not wanting to think about the day they’ll leave it. However, failing to develop a small law firm succession plan for the firm’s eventual leadership transition opens the door to significant risks for your firm and your clients.
A small law firm succession plan paves the way for stability when key leaders leave a small or mid-sized law firm, ensuring the firm thrives after founding partners are gone. In this blog, we outline essential steps to take when developing and enacting a succession plan, and how to avoid common mistakes.
Having client communication, documents, and case details safe and secure in a cloud-based legal practice management system helps make the transition of power a breeze. Book a Clio demo and we can show you how!
What is small law firm succession planning?
Small law firm succession planning is the process in which a law firm prepares to transition leadership, ownership, and operations when a founding partner or senior partner is no longer able to fulfill their role.
Understanding small law firm succession planning
A successful small firm succession plan prepares a firm for transitions due to emergencies, retirement, the sale of a firm, or unexpected incapacitation.
For smaller firms with fewer employees, succession planning ensures the firm can continue operating smoothly, maintaining client relationships, and retraining its reputation even after key employees leave.
A good succession plan outlines who takes over the leadership roles, how clients will be managed during the transition, and what steps are to be taken to ensure the firm’s financial future.
Why is small law firm succession planning important?
For small firms the loss of a firm partner can have a significant impact on the firm’s stability and continuity.
With fewer employees, smaller firms often rely more heavily on the expertise, relationships, guidance, and leadership of a few key partners. As a result, the departure of a senior partner can lead to disruptions in the firm’s operations, even causing the loss of clients and financial instability.
A succession plan mitigates that uncertainty, creating a path forward that the firm can follow, which also:
Ensures clients are seamlessly transitioned to another trusted partner or associate
Prevents gaps in leadership planning by identifying another partner or attorney who can step in and maintain operational stability
Maintains the firm’s reputation for professionalism and reliability
Protects the firm’s assets and ensure remaining partners aren’t left with an overwhelming financial burden
Attracts and retains top talent by showing the firm is invested in its long-term future
Read more about law firm succession in Clio’s Law Firm Succession Planning: A Guide.
When should a small law firm start succession planning?
A small law firm should start succession planning early, ideally 5–10 years before any anticipated transitions, to allow time for grooming successors and aligning with the firm’s vision. Starting sooner also helps mitigate risks from unexpected events.
Building a successful small firm succession plan
When building a succession plan for your small firm, there are a few steps that are important to follow, ensuring all i’s are dotted and t’s are crossed.
5 steps for developing a succession plan
Step 1: Outline the firm’s needs and goals.
Before you start writing your succession plan, it’s crucial to determine your firm’s needs and goals. This vision for the future will help you to identify gaps that must be filled and ensure any successors are aligned with your firm’s future.
Step 2: Identify, develop, and mentor successors.
The earlier you can establish the firm’s successor, the better, as successors will need time to gradually step into management roles. Development can include a mentorship program, leadership training, client management experience, and familiarity with operational oversight.
Step 3: Create a transition timeline.
This timeline should detail when current leadership will begin stepping back, when successors assume full responsibility and any key milestones. The timeline should also have a plan in the case of emergency leave of the firm owner.
Step 4: Address financial and ownership considerations.
This is especially important regarding transferring ownership shares, buying out the departing partner’s equity or ownership interest, and ensuring the firm’s survival without causing financial strain.
Step 5: Keep client satisfaction and retention top of mind.
Clients might need time to become comfortable with the successors and may have questions about how your firm will continue helping them during the transition. Include time for clients to meet successors early on, address their concerns proactively, and communicate with them regularly.
Once these steps are complete, the plan should be formalized in writing, communicated to the firm, and regularly reviewed and revised.
Succession planning is an important component of your law firm’s ongoing success. Clio’s Succession Planning Essentials webinar gives you the steps you need to make small law firm succession planning as seamless as possible.
How does firm valuation affect the succession process?
Valuing your firm ensures fair compensation for departing partners, aids in buyout planning, protects financial health, supports mergers or sales, and clarifies ownership and equity for retirement and estate planning.
Identifying potential successors within your firm
Identifying potential successors is crucial to ensure long-term law firm stability and ongoing client satisfaction. But for smaller law firms undergoing succession planning and determining the best successor can be challenging.
Here are some steps to identifying potential small firm successors:
Evaluate current team members’ leadership qualities: Look for individuals who show initiative, strong client relationships, and are able to effectively manage cases, teams, and firm operations.
Assess long-term commitment: Highlight junior partners and associates who are genuinely interested in staying with the firm and taking on a larger leadership role.
Invest in leadership training: Provide mentorship opportunities to help these candidates develop skills, grow their familiarity with the firm’s operations, and build confidence.
Find candidates with strong client relationships: Evaluate team members who have formed solid relationships with clients and who are capable of handling key accounts when a senior partner or owner leaves.
Monitor work ethic and values: Monitor candidates to ensure they are a good fit and dedicated to the firm’s growth.
What to do if no suitable internal successors exist
With a limited talent pool, small law firms may not find a suitable internal successor. If that’s the case, you have a few options. These include:
Recruiting from outside your firm to bring in fresh perspectives and skills
Merging with another firm that has complementary skills and values
Selling the firm to ensure your firm’s clients and cases are taken over by a new owner
Bringing in external management or temporary leadership to give internal candidates time to develop their skills
Winding down your firm to transition clients to other trusted firms, complete existing cases, and close operations
Considerations for client retention during the succession process
Small firms often have and maintain many personal relationships with their clients. Because of this, it’s vital for firm owners and partners to manage a transition carefully and reassure clients about the firm’s commitment to them.
An important start is to remain transparent and communicative with your clients. Let them know well in advance (where possible) about any leadership changes and why they are happening.
Additionally, you need to have the right technology in your firm’s tech stack to ensure law firm successors can seamlessly access essential knowledge—like client information and case histories—that might otherwise be lost, risking these important relationships.
Having a client relationship management (CRM) tool and legal practice management (LPM) tool is crucial for protecting your client relationships and maintaining firm stability during times of transition.
Clio allows small law firms to safely house vital client and case details to make the transition during the sale of a firm, or retirement smooth and secure–Book a demo and we can show you how.
How to enact a small law firm succession plan
Your firm’s partnership or shareholder agreements should outline how a departing partner’s share in the firm will be bought out or transferred when they leave. Review and update all agreements to make sure they reflect your succession plan.
A law firm valuation will determine the financial worth of the departing partner’s share and give you a basis for buyout negotiations, while a plan for ownership transfer sets a timeline for the transfer or buyout, identifies how the firm will finance the buyout, and decides how the new and remaining partners assume equity.
All succession plans must also comply with regulatory and ethical guidelines when their leadership and ownership change.
Not all states have mandatory succession rules. The American Bar Association’s chart of states shows where succession planning is mandatory, recommended, or where there is no rule or recommendation. Take a look to learn more about the rules in your state.
Challenges faced by small law firms in succession planning
Due to their size and reliance on a few key partners, small firms face several succession planning challenges that can make it harder to create a smooth transition plan. Some of the most common obstacles encountered in small law firm succession planning are:
Finding the right individuals. With a limited talent pool, junior partners or associates may not have the experience or desire to take on a leadership role.
Transitioning client relationships. Transferring clients to another partner or associate can be tricky, as clients may not feel the same level of trust or connection. If they don’t value their relationship with the successor, they may move to another firm.
Not implementing CRM and/or LPM technology in time. Without these tools, client transitions can become disorganized, inefficient, and potentially insecure, risking valuable client connections.
Valuation and financial planning. Small firms may face conflict as they discuss the value of a departing partner’s share or how a buyout should be structured.
Resistance to planning. Partners and firm owners may not want to discuss their retirement or the firm’s future without them and delay putting a succession plan together.
Maintaining stability during the transition. A change in leadership can create uncertainty among clients and staff, and managing expectations and ensuring stability through communication is vital.
If you’re a solo attorney, succession planning might look different for you. Read our guide on succession planning for solo law firms.
What are common mistakes small firms make in succession planning?
The top mistake small firms make in succession planning is delaying succession planning until it becomes urgent. Additional mistakes include, failure to identify and develop successors, not involving the entire firm in the process, and ignoring client relationships. Each of these is a critical component in effective succession planning.
To address these issues:
Begin succession planning early
Identify potential successors as soon as possible and provide them with leadership development
Include key partners in the planning and seek input from junior partners, associates, and staff when you develop the plan
Create a client transition strategy that includes communication with clients
How are law firms reimagining succession plans?
The major shifts that have impacted succession plans in recent years are the incorporation of technology, changing workforce dynamics, and earlier implementation of leadership development.
More firms are embracing tools like Clio and other legal management software to enable them to make data-driven approaches to succession planning. Meanwhile, focusing on leadership development and exploration of flexible ownership structures make the leadership transition smoother and reduce the risk of disruption when key leaders leave the firm.
If you’re ready to secure your firm’s future, our webinar on small and mid-sized law firm succession plans will show you how to navigate the process effectively and set your firm up for success.
Benefits of implementing a succession plan for small law firms
There are many benefits to succession planning for small law firms. A well-developed succession plan ensures your client relationships transition smoothly to new leadership. This maintains trust with your clients and enables continuity of service.
Small law firm succession planning also mitigates the risks associated with the sudden departure of senior partners. By addressing leadership changes before they happen, your firm avoids any perception of instability that could be concerning for potential clients.
A clear succession plan also provides a roadmap for transferring leadership responsibilities. This allows junior partners or new hires to assume their new roles gradually, facilitating knowledge transfer through mentoring and training.
For smooth transitions of power in small law firms, using cloud-based practice management solutions can make all the difference. Clio helps firms ensure no client details are lost, and that the transition of responsibilities within the firm can be easily done. Book your Clio demo today to see how it can help protect your firm!
What does a good succession plan look like for a small law firm?
A good law firm succession plan is thorough, well-structured, easy to understand, and designed to ensure the transition of leadership is seamless. Typically, this includes the identification of a clear successor, a timeline for the transition, a client transition strategy, a mentorship and development plan for successors, a financial and ownership transfer plan, and a backup plan for any unexpected events.
When should a law firm start succession planning?
Succession planning should start as early as possible, and ideally before any partners are considering retirement or leaving the firm. This gives the firm time to proactively address key issues and avoid rushing through the process at the last minute. Some key milestones to consider include when your firm is established, when partners are in their 40s or early 50s, or when key partners take on senior leadership roles.
What is an example of succession planning for small firms?
Let’s say there’s a law firm with 12 employees, including two senior partners, one of which, John, is planning to retire in five years. During succession planning, the firm’s leadership identifies a junior partner, Sarah, who has built solid relationships with key clients and has shown leadership potential as a possible successor. Over the next five years–as part of the succession plan–John mentors Sarah, involving her in key decision-making processes and gradually shifting more management responsibilities to her.
During the transition time, Sarah takes more meetings with John’s clients, so they become more comfortable with her and she familiarizes herself with their needs. As John’s retirement approaches, Jane takes more control of day-to-day operations, including managing staff. By the time John retires, Sarah is fully prepared to lead the firm.
We published this blog post in November 2024. Last updated: November 5, 2024.
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