Legal Ethics Issues When an Attorney Changes Firms: Managing Client Communications and Files, Work Product, Conflicts
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will prepare law firms and practitioners for legal ethics issues that arise when an attorney leaves one firm for another firm. The panel will discuss critical topics such as client communications, work-product disputes, and conflicts facing the attorney and the new firm.
- Notice and communication
- Notice by departing attorney to the firm
- Notice by departing attorney to clients
- Notice by the 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
- The obligation of departing attorney and new firm
- Conflict-check obligation by the new firm
- Disclosure of client information to a new firm
- ABA Formal Opinion 09-455: Disclosure of Conflicts Information When Lawyers Move Between Firms
The panel will review these and other critical issues:
- What notice should a departing attorney and law firm provide clients--and how and when should this notice be given?
- What actions should a law firm avoid after giving clients notice that an attorney is leaving the firm?
- What rules govern a departing attorney's solicitation of clients from the former firm?
- 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?
A. Neil Hartzell
Freeman Mathis & Gary
Mr. Hartzell has extensive experience in a broad range of matters, representing both plaintiffs and defendants in... | Read More
Mr. Hartzell has extensive experience in a broad range of matters, representing both plaintiffs and defendants in complex civil litigation including commercial disputes, real estate, securities litigation and investigations, directors and officers, business torts, trade secrets, IP, insurance coverage, class actions, contract actions, aviation, and workplace and employment related matters.Close
Geri S. Krauss
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
The Lefkowitz Firm LLC
Mr. Lefkowitz represents individuals and companies (corporations, LLCs, PCs, etc.) in their claims for legal... | Read More
Mr. Lefkowitz represents individuals and companies (corporations, LLCs, PCs, etc.) in their claims for legal malpractice (legal negligence) and similar claims such as breach of fiduciary duty; trustee misconduct; executor misconduct and ethical misconduct by attorneys and other fiduciaries. He also represents attorneys and law firms with regard to risk management, law firm dissolutions and attorney’s fee disputes.Close