LETTER FROM FIRM AND DEPARTING ATTORNEY RE: [Name of Case] Dear [Name]: [Departing Attorney] is leaving our firm as of [date]. [Departing Attorney] can take your file with [him/her] and continue to represent you in this matter, or a member of our firm, [Name], is available to handle your case if you wish [him/her] to do so.
Jun 07, 2020 · Instead, people were searching for “Attorney letter to the client… etc.” Please see the sample of the letter below. Letter To Client When You Are Leaving The Firm. Mr. Bob Smith 233 Bob Smith Street Vancouver BC. Dear Mr. Smith: Re: Attorney Letter To Client Leaving Firm. On December 1, 2005, I am leaving ABC Law to join the law firm of ...
NOTE: In the event of an unfriendly separation, the departing attorney and former firm may send separate letters to clients. ABA Formal Op No 99-414 recommends that a letter from the departing lawyer should: • Not urge the client to sever the relationship with the former firm, but may indicate the
Notice to Client of Lawyer Leaving for New Firm [Date] [Client Address] Re: [Matter] Dear [Client]: On [date], I am leaving [or left] ABC law firm to [join the law firm of XYZ ][to commence practice as a sole practitioner]. Because I have been the lawyer primarily responsible for handling your case, this letter is to notify you that you may ...
LETTER FROM FIRM AND DEPARTING ATTORNEY RE: [Name of Case] Dear [Name]: [Departing Attorney] is leaving our firm as of [date]. [Departing Attorney] can take your ... [Client] [Date] I want my file to remain with the firm. [Client] [Date] [12Jul06 Rev 10/05] -1- PROFESSIONAL LIABILITY FUND (LETTER FROM FIRM AND DEPARTING ATTORNEY.DOC)
This is because sending a closing letter to clients helps you avoid situations where a client thinks that you’re still their attorney when you’ve closed the case. Putting your end of representation for a specific matter in writing ensures they’re aware of the situation.
It doesn’t mean that you can’t represent the client in the future on other matters. Sending a closing letter to clients can also help you avoid unintentional miscommunication about representation—which is a common source of malpractice claims for lawyers.
The key to closing letters is to start by writing a solid template, then customize it to include all pertinent details for each case and client relationship.
Without a formal case closure letter, you risk ambiguity. When it comes to attorney-client relationships, ambiguity can leave your clients confused. It can also put you at risk of unintentional malpractice. Also, if you fail to send a letter at the end of a case, you miss out on an opportunity to solidify a positive professional relationship with clients who may need legal representation in the future.
Formal Opinion 99-414 states that you are prohibited from making in-person contact prior to your departure with clients with whom you have no family or client-lawyer relationship. The question would be whether your prior client-lawyer relationship has survived the intervention of new counsel.
You also have an ethical obligation to give prompt notice to any clients with active matters you are currently working on, and to accomplish any withdrawal whether from your or the law firms representation without material adverse effect on the interests of the client. That means that if you do not wish to take clients ...
According to the ABA Opinion, however, you're free to contact any firm clients by letter after you leave, whether or not you've represented them before. Those are the rules of ethics. How they translate in actual practice is the more delicate question. Thank you for subscribing!
That means that if you do not wish to take clients that have open files with you, and the clients are forced to obtain alternative counsel, whether in the firm or elsewhere, you may be responsible for absorbing the cost of getting new counsel up to speed.
Law firms have an ethical obligation not to impose notification requirements on departing lawyers that would thwart client choice of counsel or prohibit departing lawyers from providing diligent representation to clients during transition periods, according to the opinion.
The opinion emphasizes that clients determine who will represent them, not anyone else. “Law firms and lawyers may not divide up clients when a law firm dissolves or a lawyer transitions to another firm,” the opinion states. This means that when a departing lawyer was a client’s primary attorney, firms should not assign new lawyers ...
No Unreasonable Notice Periods. Law firms have an ethical obligation not to impose notification requirements on departing lawyers that would thwart client choice of counsel or prohibit departing lawyers from providing diligent representation to clients during transition periods, according to the opinion.
This means that the firm cannot force the departing lawyer to work remotely or at home.
Law firms also “cannot prohibit or restrict access to email, voicemail, files and electronic court-filing systems where such systems are necessary” for the departing lawyer to “represent clients competently and diligently during the notice period.”. Give us feedback, share a story tip or update, or report an error.
The opinion emphasizes that law firm management has obligations under Model Rule 5.1 to establish “reasonable procedures and policies to assure the ethical transition of client matters when lawyers elect to change firms.”