Law Practice Essentials

A joint notice should be neutral in tone and contain the following details.

• A confirmation of the lawyer’s departure and the timing, and the identity of the new contact person within the firm.
• A confirmation of the client’s right to choice of counsel, along with a list of options for the client. The client may remain with the firm, go with the departing lawyer or be represented by a new firm or lawyer. 
• Information about the client’s liability for fees and disbursements incurred if the client terminates the retainer with the firm. For example, explain that funds held in trust as a retainer will be applied to fee accounts before the file is transferred. 
• Information about refunds or transfers of unused retainers. 
• An explanation of how the client file will be transferred. 
• Information regarding the client’s matter, such as critical deadlines or limitations, or information about pending steps. 
• A list of all client property held by the firm, and a request for a direction from the client regarding where it is to be held, or to whom it should be forwarded. 
• The notice should include a form authorizing the matter to stay with the firm, or authorizing the transfer of the client’s file and trust funds or other property, if the client chooses to leave the firm. Include a return envelope if the notice is mailed. Authorizations to transfer trust funds should be signed by the client. If the client chooses to go elsewhere, the firm should send a letter confirming that the retainer is at an end. 
• If the client does not have the option of remaining with the firm or going with the departing lawyer, due to conflicts or the inability of either the lawyer or the firm to provide representation, this should be explained to the client. The firm can also offer an alternative, such as suggesting other firms or lawyers who may be willing to take the client’s matter. 
• Indicate when the client needs to respond and the consequences if the client does not respond. For example, the client will continue to be a client of the firm unless the client gives notice to the contrary.