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What Happens if a Clio Account Owner Dies or is Incapacitated?

Objective:

  • If I were to pass away and the Law Society would want access to my account, what would you require?
  • Account Owner is deceased
  • Account Owner is sick or incapacitated
  • Fulfil requirements for state bar's continuity of representation and protection of the client's interests by anticipating the possibility of illness, car accidents, etc.

Environment:

  • Clio Manage
  • Clio Grow

Additional Information:

  • Account owners have the option to use Clio Connect to share active matters if downtime is anticipated.
  • A "locum" can also be added as an additional paid user if you are worried about access post mortem.
  • An alternative option is storing the account owner's login credentials in a secure location for a designated person in case of emergency.

Before proceeding with the affidavit process, please check the following:

  • If an administrator at the firm has access to the account or the email address (following a password reset), they can log in to Clio and transfer ownership by following these simple steps to immediately transfer ownership: How to change the Primary Subscriber.
  • If the email account for the Primary Subscriber has a custom firm-wide domain (for example, name@mylawfirm.com rather than something like @outlook or @gmail) and it is possible to get in touch with either the IT department or the domain provider, they can provide access to that email and account and allow the designated representative to reset the password and log in to Clio.

Please Note: In light of the current COVID-19 crisis, many jurisdictions have issued guidelines to licensed lawyers within that particular location on the virtual/e-notarization processes. We recommend that you refer to your state bar or provincial law society as a starting point for how you would be able to obtain notarization during this time, while still prioritizing personal health and safety. If there are no guidelines yet in place for your location, please let us know and we'll be happy to suggest alternative steps. 

Procedure:

In the event of a deceased, incapacitated, or ill Account Owner where the steps above are insufficient to gain access to the account, we would require a notarized Affidavit to authorize access at that time. 

  1. Create a sworn Affidavit stating the following (and modifying as needed to include details of incapacitation, etc.):
     
    I, (NAME), being first duly sworn upon oath, depose and say: That (NAME OF DEPARTED FIRM MEMBER) is no longer a member of the law firm of (NAME OF LAW FIRM) and can no longer be reached. I am an active licensed member of the (STATE) Bar, Bar # (NUMBER) and I am requesting that Clio modify the account information for (NAME OF LAW FIRM) to list me as the Primary Subscriber of the account and therefore, I should have sole authority to administer the subscription. The email currently used by me for this Clio account is (EMAIL BEING USED TO LOG INTO CLIO). Please transfer ownership to this email address.

  2. We would require proof of valid access from the Estate of the Attorney or the proper Granting Authority to move the administration under another individual's name. Please submit proof of valid access with the sworn Affidavit. 

  3. Have Affidavit notarized by an actively commissioned Notary Public. The notary should confirm in the jurat that the Affidavit was "sworn or affirmed" by the named Affiant in his or her presence. Acknowledgements will not be accepted.

  4. Send Affidavit to Clio Support at Support@clio.com
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