Lawyers who leave a firm are often asked how best to inform clients of the change, and the prevailing guidance points to a joint notice from both the departing attorney and the former firm.
Why a Joint Letter Is Considered Best Practice
According to Mark C. Palmer, chief counsel of the Illinois Supreme Court Committee on Professionalism, a coordinated letter satisfies ethical duties while showing professionalism. The letter should state the date of departure, outline the client’s options, and explain how pending matters will be handled.
It also clarifies that the client retains the right to choose new counsel, reinforcing the principle that the attorney‑client relationship is personal and cannot be treated as a commodity.
State bar opinions echo this approach. Wisconsin’s Ethics Opinion EF‑25‑02 stresses that notice must be “timely, accurate, and adequate,” covering the departure’s timing, the client’s right to decide, and instructions for retrieving files or funds. Similar guidance appears in Ohio’s Ethics Opinion 98‑5 and Florida’s Rule of Professional Conduct 4‑5.8(c)(1), both of which advise that a joint notice be sent after the firm has been informed, except where urgent client interests demand earlier communication.
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Balancing Fiduciary Duties to the Firm and the Client
Departing lawyers also owe fiduciary duties to their current firm, which can clash with the need to inform clients promptly. The American Bar Association’s Formal Ethics Opinion 99‑414 notes that while a lawyer may legally notify clients before telling the firm, it is preferable for the communication to be coordinated. This helps avoid accusations of solicitation and ensures the firm can meet its own ethical obligations.
Practically, a joint letter can serve several purposes. It signals cooperation, provides clear dates for the transition, and supplies updated contact information. It also helps prevent disruption to ongoing matters, as clients receive a single, consistent message rather than conflicting notices from the lawyer and the firm.
Clients appreciate clarity.
Lawyers should also remember to update their employment details with relevant authorities, such as bar registration agencies, court clerks, and electronic filing services. These updates are separate from ethical considerations but are nonetheless part of a clean exit.
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From a broader perspective, the emphasis on joint notices reflects a longstanding trend in legal ethics toward protecting client autonomy. By ensuring that clients receive a unified message, the profession aims to reduce confusion and prevent inadvertent breaches of confidentiality. This approach aligns with the Model Rules’ underlying goal of preserving the integrity of the attorney‑client relationship, even as lawyers move between firms.
Practical Steps for Drafting the Notice
When preparing the notice, avoid language that pressures the client to “move their business” with you. Instead, focus on factual information and the client’s right to decide. The notice should be concise, free of promotional tone, and should not imply that the departing lawyer will automatically continue representation.
Finally, after the joint notice is sent, the departing lawyer should coordinate with the former firm to ensure a smooth handover of files and any outstanding fees. This cooperation helps maintain professional relationships and reduces the risk of disputes over fiduciary duties.
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