Rule 3-1109 Immunity.

This rule protects attorneys who step in to handle another lawyer's cases when that lawyer can no longer practice, whether due to death, disability, or another reason. If you agree to take on this role and you act carefully and responsibly, you cannot be sued for problems that come up while you're doing this work.

The key requirement is "due care." This means the designated attorney has to act reasonably and pay proper attention to the cases they take over. As long as they meet this standard, the law shields them from lawsuits related to this transition work.

This protection exists to encourage attorneys to step up and help when a colleague suddenly cannot continue practicing law. Without this kind of legal shield, fewer attorneys would be willing to take on the risk and responsibility of managing someone else's unfinished legal matters. This rule took effect on November 1, 2025.