13.4
Notice to Clients

Lawyers are obliged to tell clients about a lawyer’s departure from a firm, as it amounts to a material change in the representation.  

Notices are not required or justified if the departing lawyer had only a subordinate role on a file, or little direct client contact. When determining whether to send the client a notice, it is helpful to consider the situation through the clients’ eyes. Would the client be concerned about the lawyer’s departure and its effect on the ongoing representation? 

When both the firm and departing lawyer desire to, or are willing to, continue with the client’s file, the client is to be given the option to choose where the file goes.  

Ideally, client communications should come jointly from the firm and the lawyer, but either or both can send a notice directly to the client if they cannot agree. Firm client lists may be used by a departing lawyer for the purpose of identifying and communicating with the affected clients. 

Even if the departing lawyer does not want to take firm clients, or the firm is agreeable to the files going with the departing lawyer, the client should be informed of the lawyer’s departure as it may have an impact on the ongoing representation of the client and the ability to accomplish the client’s objectives. Files should not simply be transferred with the departing lawyer, or left behind at the firm, without first communicating with the client.


Last modified: Monday, 21 August 2023, 2:29 PM