Download Checklist for Ethically Changing Law Firms
Most of us will change employers at some point or another during our legal careers. Unlike many types of jobs, lawyers have numerous ethical considerations that come with moving from one firm to another. Our obligations require us to take certain steps to protect the impacted clients during the process of changing firms. Remember to be diligent in the process of assisting your clients, whether they stay with your old firm, go with you to the new one, or choose new counsel entirely. (Model Rule 1.3).
Contacting the Affected Clients
One of the key responsibilities attorneys have when leaving a firm is to provide appropriate notice to all affected clients. You might begin this process by checking any law firm policies that address client notice when leaving a firm. Keep in mind that it is possible that firm policies may contradict ethical requirements. If there is a conflict between the ethics rules and the firm’s policies, it is important to discuss the matter with the firm and be sure to follow the ethical rules.
Do Not Restrict the Client’s Choice
Remember that lawyers and law firms may not restrict the clients’ choice whether to stay with the firm, leave with you, or retain an entirely different firm. (Rule 5.6; ABA Formal Opinion 489). Some firms may seek to stop clients from leaving. On occasion the old firm will offer a non-compete to the departing attorney. Non-competes are not allowed in the practice of law. It is the client’s choice who to retain as counsel. It is best that all involved be careful not to place undue pressure on the clients. (ABA Formal Opinion 99-414).
Do Not Attack the Firm or Other Attorneys
It is inappropriate to denigrate the firm or the departing attorney. In some jurisdictions any comparison between attorneys is inappropriate. (New Jersey Committee on Attorney Advertising, Opinion 48, Released September 21, 2022). Regardless of the specifics of your jurisdiction’s rules, it is best to focus on the positive qualities of your new firm, yourself and your relationship with your client as opposed to making any commentary about the firm you are leaving.
Create a Joint Notice If Possible
The best practice when crafting a message to clients is for you and the firm to work together to create a joint letter or email that goes to all relevant clients. The client notice should be clear and professional. (ABA Formal Opinion 99-414; Model Rule 1.4). The information contained within the letter should be kept to a minimum.
Check boxes at the bottom of the letter or email providing the options and an opportunity to make a choice can assist the clients and encourage them to respond. Include an addressed stamped envelope if sending a letter by mail.
Ideally the notice should include only:
- Name of departing attorney
- Departure date
- Options for continuing representation
- Contacts for transition
As far as timing, it is important not to delay notice unnecessarily so client matters can avoid disruption. (ABA Formal Opinion 489). Putting the minimum details in the notice can help the firm and the departing lawyer to avoid disagreement about content.
When the Firm and Departing Lawyer Cannot Cooperate
Sometimes lawyers leave firms under difficult circumstances. In some cases, the partners of the firm or the departing attorney may not want to provide a joint notice. Such situations are unfortunate because they can confuse clients (never mind cause numerous issues including litigation). It is important that if separate notice is sent, both notices remain concise and easy for the clients to understand.
Checking for Conflicts
Before you depart your old firm, identify all active and recently closed matters and check for conflicts. (Model Rules 1.9; 1.10). Keep in mind that you may only disclose confidential details that are reasonably necessary for the new firm to check for conflicts. (Model Rule 1.6; ABA Formal Opinion 09-455). Ask the new firm to assist with your conflict screening so you can determine if any former clients have matters adverse to prospective or current clients at the new firm. If there are conflicts it will be necessary to implement screening mechanisms so that you are isolated from any affected matters. (Model Rule 1.10). When appropriate, seek informed consent from former clients before proceeding, and any new clients as appropriate. (Model Rule 1.9).
Managing Files and Property
If the firm you are departing is relatively paperless, simply identify the clients who may move with you, making a list to separate out these who you think are more likely to stay with the firm. If your old firm’s files are not electronic, or if there are components that are not electronic, separate out the files of the clients you believe may move with you. However, these files must remain accessible to the firm.
Follow the client’s directions as far as taking the file with you or leaving it with the firm. If the client chooses to go to an entirely new firm the old firm should take responsibility for sending the file. Neither you nor the old firm should retain any files inappropriately. (ABA Formal Opinion 99-414; Model Rule 1.16). Also, ensure that both electronic and paper files are managed appropriately to protect all clients’ confidentiality. (Model Rule 1.6).
Proper Termination
If a client wishes to stay with the firm, chooses a different firm, or you decide you do not want to continue with the client, it is important to handle termination of representation appropriately as required under Model Rule 1.16. Make certain to timely file any motions to withdraw and to appropriately protect the client’s case until your withdrawal is complete.
Supervisory Responsibilities
Depending on your role in the firm you may have supervisory responsibilities over other attorneys, staff, and consultants. Similarly, the partners or your superiors in the firm may have supervisory responsibilities over you. This means that if any lawyer, staff, or consultant engages in malfeasance there can be plenty of ethical trouble to go around. In short, make certain you maintain your obligations as both a supervisor and an employee as you plan your departure, as you are departing, and once you have completed your move. (Model Rules 5.1; 5.2; 5.3).
After Departing
Once you leave the old firm and join the new one it is critical to follow up with your clients. Confirm that the clients who chose to move to the new firm with you have received their files and that their cases are transitioned properly. To help with this process, document the transition process. Keep a record of any notifications, consents, and file transfers. Also keep copies of any communication necessary to obtain the files, if the old firm fails to be cooperative or if ethical questions or compliance arise, these notes will be of great help.
Conclusion
The key principle to remember is that the ethical priority while changing firms is to put client interests first, maintain confidentiality, and manage conflicts responsibly. At the same time, the old firm must respect the departing lawyer’s right to depart, and all lawyers and staff should respect both firms’ operational needs.
This blog post does not form an attorney/client relationship between readers and Jennifer Ellis or Jennifer Ellis, JD, LLC. Please consult with ethics counsel in your jurisdiction for advice on issues related to ethically changing law firms.
*This article was originally published in the 2026 Ethics Edition of the ABA Law Practice Today.