Law Practice Essentials

The firm and the departing lawyer have ethical obligations under the Code of Conduct to clients, colleagues and the profession when a lawyer leaves a firm. All of the lawyers involved owe a primary duty to the clients. When a lawyer is departing a firm, all the lawyers involved have an ethical obligation to protect clients’ interests and honour clients’ rights to choose their own counsel. Lawyers within a firm also have obligations to one another, both contractual and fiduciary in nature. When a lawyer is departing a firm, all the lawyers involved have an ethical obligation to protect clients’ interests and honour clients’ rights to choose their own counsel. Lawyers within a firm also have obligations to one another, both contractual and fiduciary in nature. 

Lawyers and firms do not have proprietary rights to clients. Clients have an absolute right to choose their own counsel, in light of the personal nature of the services provided. (See Loreto v. Little et al, 2010 ONSC 755 (CanLII) and A Law Firm v. A Solicitor, [1992] A.J. No. 1242.)  

Clients are clients of the firm and not of individual lawyers, even if the client came to the firm because of a particular lawyer and regardless of whether the lawyer working on the file is a partner or associate.  This is not applicable, however, to associations of independent practitioners, where each member of the association has their own files, work in progress and accounts receivable. 

In addition, a client has the freedom to terminate the lawyer-client relationship at will (Rule 3.7-1 of the Code, Commentary [1]). 

Lawyers and firms also have the following obligations under Rule 3.7-9 of the Code: 

When a lawyer leaves a law firm, the lawyer and the law firm must: 

(a) ensure that clients who have current matters for which the departing lawyer has conduct or substantial involvement are given reasonable notice that the lawyer is departing and are advised of their options for retaining counsel; and 

(b) take reasonable steps to obtain the instructions of each affected client as to who they will retain.  

The principles outlined in this Rule and commentary will apply to the dissolution of a law firm. 

Rule 3.7-9 does not apply to a lawyer leaving a government, Crown corporation, other public body or corporation, or other organization where they were employed as in-house counsel. 

For information about obligations pertaining to withdrawal of service, see Rule 3.7-1and the Withdrawal of Service module.