The New Jersey Supreme Court has introduced a new rule requiring attorneys to implement formal succession plans, a move designed to protect clients, support attorney wellness, and ensure continuity in legal services. Effective September 26, 2026, the regulation mandates that all New Jersey attorneys in private practice disclose their succession planning status during the annual attorney registration process.
Succession planning, long considered optional in many legal practices, has now become an essential responsibility. The Court emphasized that a structured plan is critical to safeguarding client interests and maintaining confidence among colleagues, staff, and business partners in the event an attorney is suddenly unable to practice due to death, disability, disbarment, or other unforeseen circumstances.
The initiative stems from research conducted by the New Jersey Lawyers’ Fund for Client Protection and the Supreme Court Committee on Wellness in the Law. Their findings highlighted that proactive succession planning protects not only clients but also attorneys’ families and staff from potential administrative and legal complications.
As outlined in a September 19 Notice to the Bar issued by Judge Michael J. Blee, acting administrative director of the courts, attorneys will now have several options to comply with the requirement. They may designate a licensed successor attorney to manage client matters if the primary attorney becomes incapacitated, identify a knowledgeable person (attorney or non-attorney) who can access professional records, or document the existence and location of a written succession plan. Attorneys who do not currently have a plan must indicate whether their employer or firm is responsible for client files in the event of unavailability. Individuals named as successor attorneys or knowledgeable contacts will receive confirmation via email to ensure clarity and accountability.
The Court highlighted that the rule reinforces professional responsibility, encourages proactive planning, and reduces the burden placed on families during difficult times. By integrating succession planning into the annual registration process, attorneys are prompted to consider and document strategies for maintaining seamless client service under any circumstance.
Donald Scarinci, managing partner of Scarinci Hollenbeck, emphasized the practical implications of the new rule, noting that administrative costs and economic pressures make succession planning one of the most pressing challenges for law firms today. For firms large and small, having a well-defined succession plan ensures continuity, protects client relationships, and reduces the risk of disputes or delays when an attorney can no longer manage their practice.
This change underscores a broader trend in the legal industry toward formalized governance, risk management, and attorney wellness initiatives. Law firms are now encouraged to view succession planning not merely as a contingency measure but as an integral component of professional operations. Attorneys and firms seeking guidance on navigating these requirements can refer to the Court’s detailed guidance and updates, as well as ongoing discussions in law and order resources specific to New Jersey.
With the rule now in effect, New Jersey law practices are entering a new era of accountability and preparedness, ensuring that clients are protected, attorneys are supported, and law firms remain resilient against unexpected disruptions.
