thE do’s and don’ts of changing firMs
Professionalism & Ethics Committee
Chairs:JoanBoles-BayAreaLegalServices,Inc.andLynnHanshaw-Langford&Myers,P.A.
W
hile the idea of
spending your
entire career with
one law firm is
delightful, the reality is that attorneys
are more mobile than ever.
Whether you are changing cities,
seeking better opportunities, or just
testing out greener pastures, a move
to another firm involves more than
just a change of address. Below
are some tips that will help ensure
that you abide by your ethical
obligations while transitioning.
Do’S
Inform your clients. Rule
4-5.8(c)(1) of the Rules Regulating
the Florida Bar states:
“[A] lawyer who is leaving a law
firm may not unilaterally contact
those clients of the law firm for
purposes of notifying them about
the anticipated departure or to
solicit representation of the clients
unless the lawyer has approached
an authorized representative of the
law firm and attempted to negotiate
a joint communication to the clients
concerning the lawyer leaving the
law firm and bona fide negotiations
have been unsuccessful.”
Rule 4-5.8(d)(1) adds that, when
a joint response cannot be agreed
upon, the lawyer
Don’tS
leaving the firm must
Badmouth
notify her clients and
anyone. Even
“provide options to
if you feel like
the clients to choose
leaving your
to remain a client
current job is
of the law firm, to
like escaping
choose representation
Alcatraz, resist
by the departing
the temptation
lawyer, or to choose
to criticize. First,
representation by
this is futile —
other lawyers or
you are leaving,
law firms.”
and you will no
Remember that
longer be involved
the focus must
with any of the
remain on the client.
firm’s politics.
Ensure that
Second, the
your clients’
legal profession
remember that the
pending matters
is a close-knit
focus must remain
will be handled.
community, so
If you work at a big
on the client.
whatever you say
law firm or are part
may eventually
of a large team for a
make its way
particular client, it is
outside of the
generally expected that other
firm. Third, your coworkers may
attorneys will take over your duties
go in-house in the future, become
after you leave. However, if you are
judges, or even join your new firm.
the only associate who works with
Do not allow their last impression
that particular client, you will need
of you to be a negative one.
to ensure another attorney can get up
Forget your pro bono clients.
to speed and be able to adequately
Just like paying clients, pro bono
represent that client’s interests.
clients are entitled to receive the
Remember the conflicts
same notification and choice of
check. Your new firm will
counsel. Remember to give them
perform a conflicts check. While
your new contact information,
the Rules prohibit attorneys from
especially if
disclosing any information about
your current
their representation of a client,
firm agrees that
Rule 4-1.6(c)(6) contains an
these clients can
exception to: “detect and resolve
follow you to
conflicts of interest.” In order to
your new firm. n
ensure an accurate conflicts check
is performed, be thoughtful about
Author: Adriana
disclosing all the clients you have
Paris - Jackson
represented so far.
Lewis, P.C.
Get sOCIAl wItH tHe HCBA On fACeBOOk,
twItter, lInkeDIn AnD InstAGrAM!
NOV - DEC 2019
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HCBA LAWYER
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