Law Practice Essentials

When a lawyer who was substantially involved in a client’s matter leaves the firm, there are three possible options for the client:

• stay with the current firm; 
• go with the departing lawyer; or
• retain new counsel. 

In some cases, the firm may be agreeable to the client files going with the departing lawyer and may not want to give the client the option of staying with the firm. In other situations, the departing lawyer may not be proposing that a client come to the new firm. In either case, the client should still be informed of the departure of the lawyer.  

At all times, the client must be placed in a position to provide informed instructions regarding the future handling of the matter.  

• Competence – any change in representation must not adversely affect the clients’ interests and, if the firm remains as counsel, the files must continue to be managed with competence and diligence. 
• Avoiding prejudice resulting from a departure or a file transfer – the firm must take all reasonable steps to protect the clients’ interests and must not unreasonably deny them access to their files, in the event the firm is no longer acting. 
• Maintaining confidentiality – confidential information shared with the firm’s lawyers must be protected. 
• Avoiding conflicts of interest – the duty of loyalty and confidentiality owed to current and former clients must not be compromised when lawyers move between firms. 
• Solicitation of clients – clients must be given adequate and accurate information to assist them in making an informed decision about the choice of counsel, in the absence of undue influence, intimidation and overreaching. 
• Duty of candour – avoid dishonesty, fraud, deceit or misrepresentation when dealing with both clients and other firm members in connection with a planned withdrawal from the firm.