When a lawyer leaves a firm, how they notify clients affects both the transition and their long-term reputation. A joint letter from the departing attorney and the firm remains the preferred approach, though timing and local regulations often create obstacles.
The client’s choice comes first
The Model Rules of Professional Conduct establish that clients decide who represents them. The Missouri Supreme Court affirmed this principle in In the Matter of Cupples, a 1997 case that described the attorney-client relationship as personal and confidential. The court ruled that a client’s choice of counsel is nearly absolute, stating that lawyers cannot be treated as assets to be transferred.
Mark C. Palmer, Chief Counsel of the Illinois Supreme Court Committee on Professionalism, explains that client notices should highlight this freedom. The purpose is not to influence clients but to inform them of their options: remaining with the firm, moving with the lawyer, or seeking new representation. The letter must also clarify how pending matters will proceed, no matter what clients decide.
Fiduciary duties create tension
While clients hold the final say, lawyers also have fiduciary obligations to their firms. These duties can clash with the need to keep clients informed, particularly when firms lack clear departure policies. The American Bar Association’s Formal Ethics Opinion 489 recommends that firms adopt such policies, though many have not.
Jurisdictions differ on when clients should be notified. The ABA’s Formal Opinion 99-414 permits lawyers to inform clients before notifying the firm but considers a joint notice the best approach. Other states impose stricter requirements. Ohio’s ethics opinion mandates that the firm be told first. Florida’s Rule of Professional Conduct 4-5.8(c)(1) prohibits departing lawyers from contacting clients until they have attempted a joint notice in good faith. Pennsylvania’s joint ethics opinion advises waiting unless client interests would suffer from delay.
These variations require lawyers to review local rules before taking action. Palmer notes that timing should be fair and reasonable, balancing the firm’s transition needs with the client’s right to choose representation.
Benefits of a joint notice
A joint letter from the lawyer and the firm offers several advantages. It projects professionalism, sets clear transition dates, and provides updated contact details. Most importantly, it reassures clients that their cases will not be disrupted, regardless of their decision.
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The letter should avoid pressuring clients. Instead, it should present their options and explain the steps both parties will take to ensure continuity. Palmer recommends consulting ABA Formal Opinion 99-414 for drafting guidance, along with any templates available in the lawyer’s jurisdiction.
Complications can still arise. Some firms refuse to cooperate, making a unified notice impossible. In such situations, lawyers must follow the rules to avoid accusations of improper solicitation or breaching fiduciary duties. The safest approach involves documenting every step, from initial discussions with the firm to final client communications.
After the transition begins, lawyers should update their contact information with bar associations, courts, and e-filing systems. Overlooking this step can result in missed deadlines or misdirected filings, causing problems for clients and new employers.
The process reflects more than just compliance. A well-handled departure preserves relationships with former colleagues and clients, while a poorly managed one can harm a reputation before the next opportunity begins. Preparation makes the difference: understanding the rules, planning the timeline, and prioritizing client interests.
For those facing a workers comp or personal injury claim, the stakes of choosing the right representation are equally high.
Palmer’s advice remains simple: “Start with your ethical obligations and maintain a professional attitude.” This mindset won’t remove all the challenges of a lateral move, but it can make the transition smoother and the next position easier to begin.
