The American Bar Association Standing Committee on Ethics and Professional Responsibility recently released guidance exploring ethical obligations for lawyers when they change firms.
Formal Opinion 489 acknowledges that a lawyer has the right to switch firms and notes that ethics rules do not allow non-competition clauses in partnership, member, shareholder or employment agreements.
When a lawyer gives notice, it’s suggested the lawyer and the firm develop a plan that is orderly, flexible and “protects client interests during the lawyer’s transition.”
The guidance also cites several model rules to consider under the ABA Model Rules of Professional Conduct related to the orderly transition of client matters and restraints on a client’s choice of counsel.
“Firms may require some period of advance notice of an intended departure,” the opinion reads. “The period of time should be the minimum necessary, under the circumstances, for clients to make decisions about who will represent them, assemble files, adjust staffing at the firm if the firm is to continue as counsel on matters previously handled by the departing attorney, and secure firm property in the departing lawyer’s possession.
“Firm notification requirements, however, cannot be so rigid that they restrict or interfere with a client’s choice of counsel or the client’s choice of when to transition a matter.”
The ABA Standing Committee on Ethics and Professional Responsibility periodically issues ethics opinions to guide lawyers, courts and the public in interpreting and applying ABA model ethics rules to specific issues of legal practice, client-lawyer relationships and judicial behavior.
- Posted December 10, 2019
- Tweet This | Share on Facebook
Ethical guidance offered to lawyers, firms
headlines Macomb
- Nonprofit gets a boost
- Nessel joins multistate coalition to defend U.S. EPA’s greenhouse gas emissions standards for heavy-duty vehicles
- Michigan 529 Awareness Day calls on families to save with MET and MESP for children’s educational future
- Department highlights importance of 988 Suicide and Crisis Lifeline during Mental Health Month
- No charges for officer in death of Michigan teen struck by police car during chase
headlines National
- This Los Angeles lawyer found her calling as a death doula
- ACLU and BigLaw firm use ‘Orange is the New Black’ in hashtag effort to promote NY jail reform
- Artificial intelligence tools for brief writing and analysis are a small firm litigator’s new best friend
- Baker McKenzie partner drops suit seeking IRS documents on partnership scrutiny
- Family members sue networks after learning of loved ones’ deaths by seeing bodies on TV
- Ex-BigLaw attorney once ‘consumed with remorse’ over $10M client theft sentenced in new scheme