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Please note that Withdrawal of Service, generally and as it relates to departure from a law firm, is covered in the . Withdrawal of Service Module. Ethical Obligations . The firm and the departing lawyer have ethical obligations under the . Code of Conduct to clients, colleagues and the profession when a lawyer leaves a firm.
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When a lawyer or paralegal changes employment or leaves a law or legal services firm to provide legal services elsewhere, the client’s interests take precedence. Clients are not the property of a firm or a licensee and, as a result, must feel free to choose their legal representative without undue pressure or influence from either the departing licensee or the firm.
[1] When a lawyer leaves a firm to practise elsewhere, it may result in the termination of the lawyer-client relationship between that lawyer and a client. [2] The client’s interests are paramount. Clients must be free to decide whom to retain as counsel without undue influence or pressure by the lawyer or the firm. The client should be
Dec 4, 2019 · The opinion cites Model Rule 5.6(a), which provides that lawyers not make partnership or employment agreements that restrict a lawyer’s ability to practice after the lawyer leaves the firm. The ...
to have the law firm continue to act; or (3) to retain a new lawyer. The Code is clear that the final decision remains solely with the client. This decision should be made without any undue influence or harassment by either lawyer or law firm. A lawyer or law firm who is no longer retained should withdraw from representation in
the departing lawyer. and the firm have ethical obligations to protect clients' interests and to honor clients' fundamental right to choose their counsel. At the same time, before a lawyer resigns from and leaves a law firm, the departing lawyer also owes contractual, fiduciary and/or agency duties to the law firm.
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The Practice Advisors Office provides free, confidential mediation of disputes that arise when a lawyer leaves a firm. For information about solicitors’ liens, see Rules 3.7-6 and 3.7-7 of the Code and the Withdrawal of Service module.
