13.11
Other Considerations

Communication  

After the lawyer’s departure, the lawyer may make direct contact with clients of the former firm and may be more direct about obtaining work from the client. The lawyers involved must not disparage one another. 

A law firm should never withhold information from clients who inquire about the location or contact information of the departed lawyer. Mail and other communications should be promptly forwarded to the lawyer’s new address. 

Fees and Disbursements on Files Transferred and Remaining 

Arrangements between the lawyer and firm regarding work in progress and disbursements should be managed to minimize expense and avoid prejudice to the client (see Commentary [6] to Rule 3.7-9 of the Code of Conduct). 

For files remaining with the firm, consideration should be given as to whether it is reasonable to charge for time spent by another firm member to become familiar with the file (see Commentary [7] to Rule 3.7-9 of the Code). 

Trust Conditions and Financial Arrangements 

Clients must provide written direction prior to the transfer of trust funds to another firm. Client trust money that is subject to a prior trust condition or undertaking must be handled in a manner consistent with the lawyers’ ethical obligations. If the file is going with the departing lawyer to a new firm, the lawyer will continue to be bound by any prior trust condition or undertaking. If the file will be transferred to a new lawyer, the departing lawyer should impose the same trust conditions or undertakings on the successor lawyer prior to departure. If the opposing lawyer is suggesting you cannot transfer funds subject to a trust condition or undertaking, you may want to get a court order or speak to a Practice Advisor.  

The Practice Advisors Office encourages lawyers and firms to quickly negotiate reasonable trust conditions and financial arrangements to facilitate file transfers with the least possible impact on the clients. Practice Advisors are available to help in these negotiations. The Practice Advisors Office provides free, confidential mediation of disputes that arise when a lawyer leaves a firm. 

For information about solicitors’ liens, see Rules 3.7-6 and 3.7-7 of the Code and the Withdrawal of Service module.


Last modified: Monday, 21 August 2023, 4:27 PM