Ethical Issues When an Attorney Leaves the Firm: Managing Client Communications and Files, Work Product, Conflicts of Interest
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will prepare law firms and practitioners to deal with legal ethics issues that arise when an attorney leaves one firm for another firm. The panel will discuss key issues, such as client communications, property and work-product disputes, and conflicts facing the attorney and the new firm.
- 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 vs. 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
The panel will review these and other key issues:
- 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 provided and paid for 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?
Geri S. Krauss, Esq.
Ms. Krauss is a respected litigator and recognized expert on complex issues relating to professional partnerships.... | Read More
Ms. Krauss 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).Close
William P. Schuman, PC
McDermott Will & Emery
Mr. Schuman focuses his practice on securities and complex commercial litigation and internal investigations with... | Read More
Mr. Schuman 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.Close