Ethical Issues When an Attorney Leaves the Firm
Managing Client Communications, Client Files, Work Product and Conflicts of Interest
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Tuesday, October 4, 2011
Recorded event now available
This CLE webinar will prepare law firms and attorneys to deal with the ethical issues that arise when an attorney leaves one firm for another. The panel will discuss key issues such as client communications, property and work-product disputes, and conflicts facing the attorney and the new firm.
Description
The transition of an attorney from one firm to another is fraught with ethical pitfalls both for the attorney and the firm. There are gray areas in the ethics rules that govern the attorney's and the firm’s obligation to existing clients, including notice to clients and solicitation of business.
Disputes often arise between a departing attorney and a firm over what constitutes property of the firm as opposed to the attorney. In addition, an attorney and firm may have opposing claims on client contact information, document templates, and other non-client attorney work product.
An attorney changing firms must communicate some client information to the new firm for conflicts review. The ABA's Standing Committee on Ethics issued Formal Opinion 09-455, which provides guidance on the timing and scope of the disclosure and how the new firm may use information received.
Listen as our authoritative panel of attorneys guides you through the myriad ethical issues presented when an attorney leaves the firm for another firm and discusses how to avoid ethical pitfalls during the transition process.
Outline
- Notice and communication
- Notice by departing attorney to firm
- Notice by departing attorney to clients
- Notice by law firm to clients
- Post-notice communications with clients
- Attorney solicitation of clients
- Property of firm v. departing attorney
- Client files
- Attorney work product
- Client contact information
- Obligation of departing attorney and new firm
- Conflicts check obligation of new firm
- Disclosure of client information to new firm
- ABA Formal Opinion 09-455: “Disclosure of Conflicts Information When Lawyers Move Between Firms”
Benefits
The panel will review these and other key questions:
- What notice must a departing attorney and law firm provide clients and when should this notice be given?
- What actions should a law firm avoid after giving notice to clients that an attorney is leaving the firm?
- What rules govern a departing attorney's solicitation of a former firm's clients?
- Is a departing attorney permitted to retain client contact information from a mobile device purchased by the former firm?
- What must an attorney disclose to the new firm about former clients—and how may the new firm use this information?
Faculty
William P. Schuman,
Partner
McDermott Will & Emery, Chicago
He focuses his practice on securities and complex commercial litigation and internal investigations with substantial experience in class actions and SEC defense litigation. He also has extensive experience in the field of legal ethics, professional responsibility and defense of professionals.
Brian S. Faughnan,
Special Counsel
Thomason Hendrix Harvey Johnson & Mitchell, Memphis, Tenn.
His practice areas include legal malpractice defense, business litigation and medial law. He is a published author and speaker on legal ethics and professional responsibility. He is a Fellow with The Litigation Counsel of America and has received recognition from The Best Lawyers of America from 2009-2011.
Geri S. Krauss,
Krauss, White Plains, N.Y.
She is a respected litigator and recognized expert on complex issues relating to professional partnerships. She counsels lawyers in disputes involving partners, employees and their firms, as well as negotiates and litigates such disputes. She often speaks and authors on lateral hiring, and wrote Partner Departures and Lateral Moves: A Legal and Ethical Guide (ABA 2009).
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, FL, GA, ME, MO, MT, TX*, VT, WA.
Upon request, also available in: CO, CT*, ID, KY, LA*, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $247.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, FL, GA, HI, ME, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, ID, KY, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)
Webinar Download (Slide Presentation with Audio) $247.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $247.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $247.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $247.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program). Please note that our webinars do not feature videos of the presenters.
Ethics Credits
An excellent opportunity to earn ETHICS CLE credits in states where webinars are accredited.
CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
The speakers were very clear, engaging and thorough.
Eric LaMons
Wilk Auslander LLP
The seminar was convenient and affordable.
Keita Middleton
Good materials plus well prepared presenters and a good level of detail.
John H. Merkle
Fredrikson & Byron, P.A.
The speakers were well versed and kept my attention throughout the program.
Natalie Kossak
Independent Fiduciary Services
The speaker's command of the subject matter and his ability to explain difficult concepts in a way that could be understood by everyone was great.
Craig Cockrell
Mitchell Williams Law Firm
Litigation Advisory Board
Partner
K&L Gates
Counsel
O’Melveny & Myers
Partner
SNR Denton
Shareholder
Capes Sokol Goodman & Sarachan
Partner
Baker & Hostetler
Partner
Mayer Brown
Partner
Winston & Strawn
Partner
Akin Gump Strauss Hauer & Feld
Robert B. (Barry) Wiggins
Director
Deloitte Financial Advisory Services
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