Navigating Legal Ethics in Attorney Transitions: Notice, Communication, Client Files, Conflicts
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will prepare law firms and practitioners for legal ethics issues that arise in attorney career transitions. The panel will discuss critical topics such as client communications, work-product disputes, partnership or employment agreements, managing conflicts, and other key issues.
Outline
- 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
Benefits
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?
Faculty
Jay R. McDaniel
Member
Weiner Law Group
Mr. McDaniel is an experienced business litigator and counselor who focuses his practice on business divorce, corporate... | Read More
Mr. McDaniel is an experienced business litigator and counselor who focuses his practice on business divorce, corporate governance and intellectual property disputes including copyright, trademark and trade secret litigation. He has represented publicly and privately held clients in a range of industries, from internet startups to established businesses in construction, entertainment, information technology, importation, distribution, banking and construction. Mr. McDaniel has focused on corporate governance disputes involving closely held corporations, often referred to as business divorce, since the mid-1990s. He has counseled businesses and their principal owners through complex business divorces in a broad range of industries and professions. These include both litigated and negotiated breakups of closely held corporations, limited liability companies and partnerships. Mr. McDaniel writes regularly on business divorce and is the editor and principal author of the Business Divorce Law Report.
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