Your Coverage and Succession Plan continued

General Cautions continued

Imagine the following: there is a family emergency and you are required to leave immediately without telling anyone where you will be or when you'll return. While you are away, a client dies. The will is stored at your office. The family comes looking for you. They can't get in touch with you. They contact the LSBC. The LSBC follows up and are unable to locate you, because due to an act of cosmic congruence, everyone you know is unavailable or doesn’t know anything. Concerned that you have disappeared, are neglecting, or have abandoned your practice, the LSBC applies to the court for an order appointing a custodian to take possession or control of all or part of your property, and to manage your practice (Legal Profession Act, s. 50(1), (2) and (3)(d)). You return from having dealt with the family emergency, only to find your practice is in the control of a custodian. After a long and embarrassing process, abbreviated here for the sake of making a point, you may find yourself required to pay to the LSBC fees, expenses, and disbursements (including those of the custodian) incurred in investigating your disappearance and taking over your practice (Legal Profession Act, s. 56(3)).

If, for whatever reason, you are unable to take care of your practice, contact the Custodianship Department at the LSBC for assistance.