Law Practice Essentials

Departing lawyers should only contact clients after the firm has received notice of the lawyer’s planned departure. Unilateral communications to clients by the departing lawyer are permitted if the lawyer and firm cannot agree on the form of joint notice to be issued to clients. 

After giving notice to the firm, departing lawyers should speak with clients, to inform those with whom they have professional relationships of their impending withdrawal from the firm. This includes clients with active matters, when the departing lawyer is directly responsible for the representation. The lawyer may also communicate with firm clients in circumstances where the departing lawyer plays a principal role in the firm’s delivery of legal services. The departing lawyer may not, however, directly ask clients to send files to the new firm or otherwise solicit work while still at the old firm. The communication must be very neutral. 

All communication should be informative only, and neutral in tone. The following are helpful guidelines to consider when issuing notices. 

• The notice should be sent only to those clients for whose active matters the lawyer has direct responsibility or involvement at the time of the notice. 
• The departing lawyer may inform the client that the lawyer is leaving, the timing of the departure, where the lawyer is going, the lawyer’s ability or willingness to continue to represent the client, the client’s options (i.e. to stay, go with the departing lawyer, or find a new firm), and who will maintain and handle the client’s file until the client expresses a choice. 
• The departing lawyer must not urge the client to terminate its relationship with the firm and must not disparage the firm. 
• The notice should make clear that the client has the ultimate right to decide who will handle the files. 
• If the client requests more information, the departing lawyer may provide information about the new firm’s billing rates, staffing and resources, as this information assists the client in making an informed decision about the choice of counsel. 
• The notice should be in writing, to minimize the risk that the firm or client will accuse the departing lawyer of improper solicitation.