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When Clients Disappear or Otherwise Become Unavailable: Legal and Ethical Questions (and Answers)

Attorneys face complex ethical obligations when clients disappear—learn prevention strategies, withdrawal procedures, and how to protect client interests.

2025-08-27 13:00:00

1.5 hours

Program Details

2025-08-27 13:00:00

Program Details

2025-08-27 13:00:00

Over 1,000+ webinars

2025-08-27 13:00:00

1.5 hours

Course Overview

Managing Unresponsive and Missing Clients

2025-08-27 13:00:00

Participants will learn to identify client disappearance warning signs, fulfill ethical obligations when clients cease communication, and implement proactive strategies to maintain contact. These skills help attorneys avoid malpractice claims and disciplinary action.

Format

CLE Credit

1.5h CLE Credits

Level

Intermediate

Length

1.5

Key topics that will be covered

01
Client Disappearance
Understanding why clients disappear, from emotional denial to financial concerns to relocation.
02
Death Obligations
Client death terminates the attorney-client relationship and all authority to act.
03
Trust Accounts
Rule 1.15 creates fiduciary duties for funds held for missing clients.
04
Limitations Periods
Ethics opinions may require filing suit to protect missing clients’ interests.
05
Proactive Measures
Comprehensive intake information and regular contact policies reduce disappearance risks.
06
Diminished Capacity
Model Rule 1.14 permits protective action when clients face substantial harm.

Program schedule

clock 1:00 pm - 1:15 pm EST

Understanding How and Why Clients Disappear

This session examines the process of client disappearance and the various factors that contribute to it. Topics include emotional and psychological factors, financial concerns, client characteristics, and special circumstances such as immigration detention or client death.

Brian S. FaughnanBrian S. Faughnan
Tim ChinarisTim Chinaris
Merri BaldwinMerri Baldwin
clock 1:15 pm - 1:30 pm EST

Ethical Duties When Litigation Clients Cease Contact

Explore the critical ethical obligations attorneys face when clients in active litigation become unreachable, with particular focus on deceased clients. Learn why misrepresentation about client status leads to severe discipline and how to properly handle these challenging situations.

Brian S. FaughnanBrian S. Faughnan
Tim ChinarisTim Chinaris
Merri BaldwinMerri Baldwin
clock 1:30 pm - 1:45 pm EST

Managing Non-Litigation Matters with Missing Clients

This session addresses the unique challenges of transactional matters when clients disappear, including trust account obligations for funds held on behalf of unreachable clients. Discover modern approaches to handling unidentified funds and state-specific ethics requirements.

Brian S. FaughnanBrian S. Faughnan
Tim ChinarisTim Chinaris
Merri BaldwinMerri Baldwin
clock 1:45 pm - 2:00 pm EST

When Missing Clients Reappear: Legal Challenges

Examine the statute of limitations dilemma and authority issues that arise when clients disappear then resurface. Learn from case studies about post-filing obligations and the limits of advance settlement authorizations.

Brian S. FaughnanBrian S. Faughnan
Tim ChinarisTim Chinaris
Merri BaldwinMerri Baldwin
clock 2:10 pm - 2:40 pm EST

Proactive Strategies for Maintaining Client Communication

This comprehensive session covers practical measures attorneys should implement to prevent client disappearance and respond effectively when it occurs. Topics include intake best practices, communication proxies, ongoing contact policies, search requirements, and proper withdrawal procedures under Rule 1.16.

Brian S. FaughnanBrian S. Faughnan
Tim ChinarisTim Chinaris
Merri BaldwinMerri Baldwin
Brian S. Faughnan

Brian S. Faughnan

Faughnan Law, PLLC

Tim Chinaris

Tim Chinaris

Belmont University College of Law

Merri Baldwin

Merri Baldwin

Rogers Joseph O’Donnell, PC

Brian S. Faughnan

Brian S. Faughnan

Faughnan Law, PLLC

Brian S. Faughnan is a sole practitioner specializing in legal ethics, professional responsibility, business litigation, and appellate litigation. His practice focuses on solving problems for lawyers, including disciplinary matters, professional liability issues, and bar admission applications.

Recognition & Leadership

Listed in The Best Lawyers in America for seventeen consecutive years, named 2017 Appellate Practice 'Lawyer of the Year' in Memphis, listed as a 'Super Lawyer' by Mid-South Super Lawyers, AV rating from Martindale Hubbell.

Professional Involvement

Current member of the ABA Standing Committee on Ethics and Professional Responsibility, former President of the Association of Professional Responsibility Lawyers, former Chair of the Tennessee Bar Association's Standing Committee on Ethics and Professional Responsibility. Co-author of 'Professional Responsibility in Litigation' (Third Edition, ABA).

Experience

Over twenty years of practice in large and mid-sized full-service law firms before founding his own firm. Has represented hundreds of lawyers in disciplinary matters, law firms and lawyers in professional liability litigation, and applicants for admission to practice in Tennessee. Has served as an expert witness in federal and state courts in Tennessee.
Tim Chinaris

Tim Chinaris

Belmont University College of Law

Tim Chinaris is Professor Emeritus of Law specializing in legal ethics and professional responsibility. He is now in full-time law practice representing lawyers in ethics matters and serving as an expert witness in professional responsibility cases.

Professional Involvement

Chaired bar ethics and professionalism committees in Florida and other states, maintains the legal ethics website 'sunEthics.com.'

Experience

Professor Emeritus at Belmont University College of Law where he taught legal ethics, torts, insurance law, and other subjects. Ethics Director of the Florida Bar from 1989-1997, running the ethics hotline service that answers more than 25,000 calls annually. Licensed to practice law in Alabama, Florida, Georgia, Tennessee, and Texas. Currently 'of counsel' to Smith, Tozian, Daniel, and Davis, P.A. in Tampa, Florida.
Merri Baldwin

Merri Baldwin

Rogers Joseph O’Donnell, PC

Merri Baldwin is a shareholder focusing on attorney liability, commercial litigation, legal malpractice, breach of fiduciary duty claims, and counseling lawyers and law firms on legal ethics and law practice management issues.

Education & Credentials

Fulbright Scholar at the London School of Economics prior to law school.

Recognition & Leadership

Co-edited The Law of Lawyers' Liability (ABA/First Chair Press 2012).

Professional Involvement

Board of Directors for the Association of Professional Responsibility Lawyers, lecturer at University of California at Berkeley School of Law teaching professional responsibility, former chair of the State Bar of California Committee on Professional Responsibility and Conduct, member of the California Lawyers Association Ethics Committee, co-chair of the Legal Malpractice subcommittee for the ABA Litigation Section Committee on Professional Services Litigation, vice-chair of California Bar's Closing the Justice Gap Working Group, 2017 President of the Bar Association of San Francisco and the Justice and Diversity Center.

Experience

Handles claims of legal malpractice and breach of fiduciary duty, motions to disqualify and for sanctions. Represents attorneys in disciplinary matters before the State Bar of California and has extensive experience handling attorney-client fee disputes.
Brian S. Faughnan

Brian S. Faughnan

Faughnan Law, PLLC

Brian S. Faughnan is a sole practitioner specializing in legal ethics, professional responsibility, business litigation, and appellate litigation. His practice focuses on solving problems for lawyers, including disciplinary matters, professional liability issues, and bar admission applications.

Recognition & Leadership

Listed in The Best Lawyers in America for seventeen consecutive years, named 2017 Appellate Practice 'Lawyer of the Year' in Memphis, listed as a 'Super Lawyer' by Mid-South Super Lawyers, AV rating from Martindale Hubbell.

Professional Involvement

Current member of the ABA Standing Committee on Ethics and Professional Responsibility, former President of the Association of Professional Responsibility Lawyers, former Chair of the Tennessee Bar Association's Standing Committee on Ethics and Professional Responsibility. Co-author of 'Professional Responsibility in Litigation' (Third Edition, ABA).

Experience

Over twenty years of practice in large and mid-sized full-service law firms before founding his own firm. Has represented hundreds of lawyers in disciplinary matters, law firms and lawyers in professional liability litigation, and applicants for admission to practice in Tennessee. Has served as an expert witness in federal and state courts in Tennessee.
Tim Chinaris

Tim Chinaris

Belmont University College of Law

Tim Chinaris is Professor Emeritus of Law specializing in legal ethics and professional responsibility. He is now in full-time law practice representing lawyers in ethics matters and serving as an expert witness in professional responsibility cases.

Professional Involvement

Chaired bar ethics and professionalism committees in Florida and other states, maintains the legal ethics website 'sunEthics.com.'

Experience

Professor Emeritus at Belmont University College of Law where he taught legal ethics, torts, insurance law, and other subjects. Ethics Director of the Florida Bar from 1989-1997, running the ethics hotline service that answers more than 25,000 calls annually. Licensed to practice law in Alabama, Florida, Georgia, Tennessee, and Texas. Currently 'of counsel' to Smith, Tozian, Daniel, and Davis, P.A. in Tampa, Florida.
Merri Baldwin

Merri Baldwin

Rogers Joseph O’Donnell, PC

Merri Baldwin is a shareholder focusing on attorney liability, commercial litigation, legal malpractice, breach of fiduciary duty claims, and counseling lawyers and law firms on legal ethics and law practice management issues.

Education & Credentials

Fulbright Scholar at the London School of Economics prior to law school.

Recognition & Leadership

Co-edited The Law of Lawyers' Liability (ABA/First Chair Press 2012).

Professional Involvement

Board of Directors for the Association of Professional Responsibility Lawyers, lecturer at University of California at Berkeley School of Law teaching professional responsibility, former chair of the State Bar of California Committee on Professional Responsibility and Conduct, member of the California Lawyers Association Ethics Committee, co-chair of the Legal Malpractice subcommittee for the ABA Litigation Section Committee on Professional Services Litigation, vice-chair of California Bar's Closing the Justice Gap Working Group, 2017 President of the Bar Association of San Francisco and the Justice and Diversity Center.

Experience

Handles claims of legal malpractice and breach of fiduciary duty, motions to disqualify and for sanctions. Represents attorneys in disciplinary matters before the State Bar of California and has extensive experience handling attorney-client fee disputes.

Credits by state

AK1.5
AL1.5
AR1.5
AZ1.5
CA1.5
CO1.5
CT1.5
DC1.5
DE1.5
FL1.5
GA1.5
HI1.5
IA1.5
ID1.5
IL1.5
IN1.5
KS1.5
KY1.5
LA1.5
MA1.5
MD1.5
ME1.5
MI1.5
MN1.5
MO1.8
MS1.5
MT1.5
NC1.5
ND1.5
NE1.5
NH90.0
NJ1.8
NM1.5
NV1.5
NY1.5
OH1.5
OK2.0
OR1.5
PA1.5
RI2.0
SC1.5
SD1.5
TN1.5
TX1.5
UT1.5
VA1.5
VT1.5
WA1.5
WI1.5
WV1.8
WY1.5

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Trusted by Legal Professionals

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Trusted by Legal Professionals

1000+

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70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Pending
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Pending
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Pending
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs