Transferring a VA Practice: A Comprehensive Guide

CCK Law: Our Vital Role in Veterans Law

The Importance of Planned Transitions

Transferring a veterans law practice requires careful planning to preserve client trust, maintain professional reputation, and fulfill ethical obligations. Veterans who have entrusted their legal matters to you deserve continuity of representation and transparent communication throughout any transition process.

Why Planned Exits Matter:

• Veterans often have complex, long-term claims requiring specialized knowledge
• Improper transitions can jeopardize pending appeals and benefits
• Ethical violations can result in disciplinary action and damage to professional reputation
• Client trust, once lost, is difficult to restore in the veterans law community

This workbook will serve as a useful aid as you plan and execute this major milestone in your VA practice.

1. Recognizing When It’s Time to Exit Your Veterans Law Practice

Common Transition Triggers

• Retirement planning (recommended 12 – 18 months advance notice)
• Career changes or practice area shifts
• Health issues requiring immediate attention
• Practice sustainability concerns (financial or operational)
• Burnout or a loss of passion for veterans law

Timing Considerations

• Avoid transitions during critical case deadlines (appeals, hearings, or filing deadlines)
• Consider VA processing timelines — some claims take years to resolve
• Plan around your state’s mandatory retirement or ethical requirements
• Factor in the successor firm’s capacity to handle your caseload

2. Identifying and Selecting a Successor Firm

Essential Criteria for Successor Selection

VA Accreditation Requirements:

• All attorneys representing veterans must be accredited by VA and maintain good standing with at least one state bar
• Current VA requirements include 3 hours of qualifying CLE annually for accredited attorneys
• Verify the successor firm’s accreditation status through VA’s online database

Experience and Competency Assessment:

• Years of experience in veterans law
• Success rates with VA appeals and Board of Veterans’ Appeals (BVA) cases
• Familiarity with Court of Appeals for Veterans Claims (CAVC) proceedings
• Staff experience with VA forms and procedures
• Technology capabilities for electronic filing and case management

Client Service Standards:

• Response time commitments
• Communication protocols
• Case management systems
• Client satisfaction metrics
• Continuing education commitments

Due Diligence Process

1. Financial Stability Review — Ensure the successor firm can handle your caseload
2. Disciplinary History Check — Review state bar and VA disciplinary records
3. Client References — Speak with current clients about their experience
4. Site Visit — Evaluate office operations and staff competency

3. Ethical and Legal Requirements for Transitioning Clients

Primary Ethical Obligations

ABA Model Rules Application:

• Model Rule 5.1 requires law firms to establish reasonable procedures and policies to ensure ethical transition of client matters when lawyers leave
• Rule 1.1 (Competence) — Ensure successor firm can competently handle transferred cases
• Rule 1.3 (Diligence) — Maintain diligent representation through the transition period
• Rule 1.4 (Communication) — Keep clients informed throughout the process
• Rule 1.6 (Confidentiality) — Protect client information during transfer

VA-Specific Requirements:

• VA accreditation is required for all attorneys assisting claimants, even pro bono
• Comply with VA fee agreement regulations (38 CFR 14.636)
• Follow VA notification procedures for changes in representation

State Bar Considerations

Each state has specific requirements for attorney transitions. Common requirements include:

• Written client consent for file transfers
• Proper notice periods
• Fee dispute resolution procedures
• Client fund handling during transitions

4. Structuring the Client Transition Process

Recommended Timeline (6 – 12 months minimum)

Phase 1: Planning (Months 1 – 3)

• Select successor firm
• Negotiate a transition agreement
• Develop a client communication strategy
• Prepare transition documents and forms

Phase 2: Client Notification (Months 4 – 6)

• Send initial transition letters to all clients
• Provide a 30-day response period for client decisions
• Address client concerns and questions
• Obtain written consent for file transfers

Phase 3: File Transfer (Months 7 – 9)

• Transfer agreed-upon client files
• Update VA representation forms
• Coordinate with the successor firm on active deadlines
• Finalize fee arrangements

Phase 4: Completion (Months 10 – 12)

• Final client communications
• Complete administrative tasks
• Provide transitional support as needed
• Close practice operations

Client Communication Best Practices

Initial Notification Letter Should Include:

• Reason for transition (brief, professional explanation)
• Information about successor firms (credentials, experience, contact information)
• Client options (transfer to successor, find new counsel, or represent themselves)
• Timeline for decision-making
• Contact information for questions
• Assurance of continued confidentiality

5. Coordinating with the Department of Veterans Affairs

Required VA Notifications

Form 21-22a (Appointment of Attorney):

• Must be completed for each client transferring to a new representation
• Requires client signature and successor attorney information
• Submit to the appropriate VA regional office

Processing Considerations:

• VA processing of representation changes can take 30 – 60 days
• Coordinate timing with active case deadlines
• Maintain communication with VA during the transition period
• Ensure no gaps in representation during critical periods

Common VA Transition Challenges

• Delayed processing of representation changes
• Misfiled documents during transition periods
• Communication gaps between old and new counsel
• Deadline confusion when multiple attorneys are involved

Mitigation Strategies:

• File representation changes early in the transition process
• Maintain copies of all VA correspondence
• Coordinate directly with VA regional offices when necessary
• Establish clear communication protocols with the successor firm

6. Handling Client Files and Documentation

File Transfer Best Practices

Physical Files:

• Organize files systematically before transfer
• Create detailed file inventories
• Use secure transportation methods
• Obtain signed transfer receipts

Electronic Files:

• Ensure secure, encrypted transfer methods
• Verify the successor firm’s technology compatibility
• Provide comprehensive file organization systems
• Include access passwords and security information

Document Retention Requirements:

• Follow state bar record retention requirements (typically 5 – 7 years)
• Comply with VA-specific retention rules
• Provide clear instructions to the successor firm about retention obligations
• Maintain confidentiality protections during storage

Case Management Transition

Critical Information to Transfer:

• Complete case chronologies
• Pending deadlines and appeal dates
• VA correspondence history
• Medical records and expert opinions
• Client contact information and preferences
• Fee agreement details and payment history

Transition Memoranda: Each transferred case should include a detailed memorandum covering:

• Case status and recent developments
• Upcoming deadlines or hearings
• Client communication preferences
• Strategic considerations
• Potential challenges or complications

7. Financial Considerations and Fee Agreements

Contingency Fee Transitions

Ethical Requirements:

• Client consent required for fee-sharing arrangements
• Fee agreements must comply with state ethics rules
• VA fee regulations must be followed (38 CFR 14.636)
• Clear documentation of fee arrangements

Common Fee Arrangements:

• Complete transfer — Successor firm assumes all fee agreements
• Shared fees — Split based on work performed by each firm
• Referral fees — Flat fee or percentage for referral (where permitted)

Documentation Requirements:

• Written fee agreements with clear terms
• Client acknowledgment of fee arrangements
• Compliance with state fee-sharing rules
• VA fee agreement amendments when necessary

Financial Planning Considerations

• Accounts receivable collection and transfer
• Trust account obligations and transfers
• Expense reimbursement arrangements
• Transition costs (copying, notification, administrative)

8. Communicating Clearly and Transparently with Clients

Communication Principles

• Transparency: Provide honest, complete information about the transition
• Empathy: Acknowledge client concerns and emotional responses
• Accessibility: Maintain open communication channels throughout the process
• Professionalism: Handle all communications with dignity and respect

Addressing Common Client Concerns

“Will my case be delayed?”

• Explain the transition timeline and deadline management
• Provide specific information about case continuity
• Offer regular updates during the transition period

“Does the new firm understand my case?”

• Describe the successor firm’s qualifications and experience
• Explain case transfer procedures and information sharing
• Arrange introduction meetings when appropriate

“What if I’m not satisfied with the new firm?”

• Explain client rights to change representation
• Provide information about other qualified firms
• Offer assistance in finding alternative representation

Client Communication Tools

• FAQ documents addressing common concerns
• Contact directories with multiple communication options
• Regular updates throughout the transition process
• Feedback mechanisms for client input and concerns

9. Maintaining Professional Relationships and Reputation

Preserving Professional Relationships

With Clients:

• Maintain dignity and professionalism throughout the process
• Honor all commitments made during transition
• Provide excellent service until the final transfer
• Follow up to ensure satisfaction with the successor firm

With Successor Firms:

• Establish clear expectations and boundaries
• Provide comprehensive case information
• Offer reasonable transitional support
• Maintain professional relationships for future referrals

With the Veterans Law Community:

• Communicate transition plans to professional organizations
• Maintain memberships and relationships where appropriate
• Participate in knowledge transfer activities
• Preserve reputation for future opportunities

Protecting Professional Reputation

Best Practices:

• Plan transitions well in advance
• Communicate transparently with all stakeholders
• Honor all professional commitments
• Maintain confidentiality throughout the process
• Document all transition activities

Reputation Risks to Avoid:

• Sudden, unplanned departures
• Inadequate client communication
• Unprofessional behavior during transition
• Failure to honor commitments or deadlines
• Breach of confidentiality or ethical rules

10. Post-Transition Support and Follow-Up

Transitional Support Period

Recommended Duration: 60 – 90 days post-transition

Support Activities:

• Answer client questions about historical case matters
• Provide clarification on transferred documents
• Assist with the location of specific files or information
• Coordinate with the successor firm on transition issues

Limitations:

• No new legal advice or representation
• Refer ongoing legal questions to the successor firm
• Maintain boundaries to avoid conflicts of interest
• Document all post-transition communications

Long-term Considerations

Ongoing Obligations:

• Maintain confidentiality indefinitely
• Preserve client records per retention requirements
• Respond to legitimate requests for information
• Avoid conflicts of interest with former clients

Professional Development:

• Consider emeritus or consultant roles
• Participate in continuing legal education
• Maintain professional relationships and networks
• Explore opportunities for knowledge sharing

11. Resources and Checklists

Essential Forms and Documents

Client Notification Templates:

• Initial transition announcement letter
• Client consent forms for file transfer
• New representation agreements
• Fee arrangement modifications

VA Forms:

• Form 21-22a (Appointment of Attorney)
• Form 21-22 (Appointment of Veterans Service Organization)
• Representation change notifications

Administrative Documents:

• File transfer inventories
• Case status summaries
• Transition timeline templates
• Client communication logs

Transition Checklist

Pre-Transition Planning:

[  ] Select qualified successor firm

[  ] Negotiate transition agreement

[  ] Develop client communication strategy

[  ] Prepare all necessary forms and documents

[  ] Review ethical and legal requirements

Client Communication Phase:

[  ] Send initial notification letters

[  ] Provide a 30-day response period

[  ] Address client questions and concerns

[  ] Obtain written consent for transfers

[  ] Update client contact information

File Transfer Phase:

[  ] Organize and inventory all client files

[  ] Transfer files securely to the successor firm

[  ] Update VA representation forms

[  ] Coordinate active case deadlines

[  ] Complete fee arrangement transitions

Post-Transition Activities:

[  ] Provide transitional support as needed

[  ] Maintain record retention requirements

[  ] Follow up on client satisfaction

[  ] Complete administrative closure tasks

[  ] Preserve professional relationships

Key Regulatory References

VA Regulations:

• 38 CFR Part 14 (Legal Services)
• 38 CFR 14.636 (Fee agreements)
• 38 CFR 20.101 (Representation before Board of Veterans’ Appeals)

ABA Model Rules:

• Rule 1.1 (Competence)
• Rule 1.3 (Diligence)
• Rule 1.4 (Communication)
• Rule 1.6 (Confidentiality)
• Rule 5.1 (Responsibilities of Partners, Managers, and Supervisory Lawyers)

Professional Resources:

• American Bar Association Veterans Claims and Assistance Network
• National Organization of Veterans’ Advocates (NOVA)
• Court of Appeals for Veterans Claims (CAVC)
• State bar associations’ ethics hotlines

Conclusion: Ensuring a Seamless and Ethical Transition

A successful VA practice transition requires careful planning, clear communication, and unwavering commitment to ethical obligations. By following these guidelines, attorneys can ensure that their clients receive continued excellent representation while preserving professional relationships and reputation.

The key to successful transitions lies in putting client interests first, maintaining transparency throughout the process, and ensuring that all ethical and legal obligations are met. Veterans who have served our country deserve nothing less than the highest standards of professionalism during these transitions.

Remember that a well-executed transition plan benefits all stakeholders: clients receive continued competent representation, successor firms gain well-prepared cases and satisfied clients, and departing attorneys preserve their professional legacy and reputation.

Additional Resources and References

Professional Organizations

• American Bar Association: www.americanbar.org/veterans
• National Organization of Veterans’ Advocates: www.vetadvocates.org
• Court of Appeals for Veterans Claims: www.uscourts.cavc.gov

Government Resources

• VA Office of General Counsel: www.va.gov/ogc/accreditation.asp
• VA Accreditation Search: www.va.gov/ogc/apps/accreditation/index.asp
• Board of Veterans’ Appeals: www.bva.va.gov

Ethics and Regulatory Guidance

• ABA Model Rules of Professional Conduct: www.americanbar.org/ethics
• State Bar Ethics Hotlines: Contact your state bar association
• VA Office of General Counsel Ethics: www.va.gov/ogc/

Chisholm Chisholm & Kilpatrick:

• Refer Your Veteran Clients to CCK: https://cck-law.com/attorney-referrals/
• Contact Us: https://cck-law.com/contact-us/

This guide is for informational purposes only and does not constitute legal advice. Attorneys should consult with their state bar associations and ethics counsel for specific guidance applicable to their circumstances.