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Prior to providing notice to affected clients, the departing licensee should provide reasonable notice of their departure to the firm and take steps to determine if any conflicts of interest exist or may be created through their transfer to another law or legal services firm. The Law Society’s rules regarding leaving a firm apply equally to ...
When a lawyer is departing a firm, all the lawyers involved have an ethical obligation to protect clients’ interests and honour clients’ rights to choose their own counsel. Lawyers within a firm also have obligations to one another, both contractual and fiduciary in nature. Lawyers and firms do not have proprietary rights to clients.
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May 26, 2015 · the departing lawyer should consider providing an undertaking to the law firm to protect the firm's account to facilitate the file transfer.[3] In this particular case, the plaintiff could only be successful in a claim in "knowing assistance" against the principal of the associate's new law firm if the following elements were met:
Dec 4, 2019 · The opinion provides that law firms’ notification requirements on departing lawyers “cannot be fixed or rigidly applied without regard to client direction, or used to coerce or punish a lawyer ...
This is because a law firm's clients and the clients' files are not the "property" of either the departing lawyer or the firm. Departing lawyers and their firms should negotiate, prior to the lawyer's departure, the wording of a jointly delivered letter to each affected client. Such a joint notice not only complies with the ethical duty to keep ...
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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3.7-7A When a lawyer leaves a law firm, the lawyer and the law firm must: ensure that clients who have current matters for which the departing lawyer has conduct or substantial involvement are given reasonable notice that the lawyer is departing and are advised of their options for retaining counsel; and.
