NJ Supreme Court New Succession Rule to Impact Law Firms

The New Jersey Supreme Court is now requiring attorneys to implement formal succession plans. The new rule, which went into effect on September 26, 2026, reflects the Court’s “ongoing efforts to protect the public and support attorney wellness.”

While we would all like to think we are invincible, the universe often has other plans. Succession planning is imperative to all businesses, including law firms. When an attorney departs, a smooth transition is integral to maintaining the confidence of business partners, clients and staff. 

The New Jersey Supreme Court implemented the new rule after a study that included participation by the New Jersey Lawyers' Fund for Client Protection and the Supreme Court Committee on Wellness in the Law.

As set forth in a September 19 Notice to the Bar issued by Judge Michael J. Blee, acting administrative director of the courts, the annual attorney registration process will now prompt New Jersey attorneys in private practice to disclose the status of any succession planning the attorney has undertaken for use in the unfortunate event of their incapacity, death, disbarment, or other inability to practice. To comply with the new requirement, New Jersey attorneys will have the option to:

• Designate a Successor Attorney: Identify a New Jersey-licensed attorney who can protect client interests in the event of the registrant's death, disability, or incapacity.
• Identify a Person with Knowledge: Provide contact information for someone ( attorney or non-attorney) familiar with the location and access procedures for the attorney's professional records.
• Document the Existence and Location of a Written Succession Plan: Indicate if a written succession plan has been created and specify its location (without filing or uploading the plan).
• Acknowledge that No Plan Exists/Employer Responsibility: State if no succession plan currently exists; indicate if the attorney's employer or firm is responsible for client files should the attorney become unavailable or unable to practice.

Those who are identified as successor attorneys or persons with knowledge will receive an email confirming their designation. 

According to the Notice to the Bar, the process is intended to “reinforce attorneys' professional responsibilities, encourage proactive succession planning, safeguard clients' interests, and limit the burden that falls to attorneys' loved ones in difficult times.” It also aims to “facilitate education and communication on this important topic.”
Donald Scarinci, managing partner of Scarinci Hollenbeck, discussed the new succession planning requirement with the New Jersey Law Journal. Scarinci provided that due to increasing administrative costs and resulting economic pressure, succession planning is likely “the most challenging issue facing the legal industry right now.” You can read the full article here.