Leaving a law firm can be one of the most significant transitions in a lawyer’s career. Whether you are moving to another firm, opening your own practice, or stepping into a new professional role, the process involves more than just packing up your office. Lawyers face unique legal and ethical considerations that must be carefully managed to protect clients, comply with professional responsibility rules, and preserve professional relationships. This checklist is designed to help lawyers navigate the transition with clarity, minimize risk, and ensure they leave on the best possible terms.

Review of Legal and Ethical Obligations

• Confidentiality: Ensure all client confidences and sensitive information are preserved. Do not take or use any proprietary information from the current firm for your new role.
• Non-Compete/Non-Solicitation Clauses: Review your existing employment contract or partnership agreement for any restrictive covenants such as non-compete clauses, non-solicitation provisions, or other post-employment restrictions.
• Ethical Duty to Clients: Follow the Louisiana Rules of Professional Conduct, particularly regarding the duty to the client. Ensure no client interests are harmed during the transition.
• Conflicts of Interest: Ensure there is no conflict of interest between clients you represent, those transitioning with you, and the new firm’s existing clients. Disclose any potential conflicts to the new firm and resolve them.
• Duty of Competence: Ensure that you maintain a high standard of legal competence during the transition, including timely handling of any ongoing client matters.

Client Communication and Transition

• Notify Clients: If applicable, notify clients in writing about your departure, indicating your new contact information, and providing a clear explanation of how their matters will be handled. This can be done through a letter or email.
• Ensure Client Consent: If transitioning with a client or matter, obtain the client’s informed consent to follow you to the new firm, ensuring there are no conflicts of interest at either the old or new firm.
• File Transfer: Work with the old firm to facilitate the transfer of client files to the new firm. Follow all legal requirements for file retention, and confirm that proper procedures are in place for the transfer of electronic and paper files.
• Avoid Disruption: Provide ample notice and try to minimize disruption to client matters during the transition. Avoid leaving unfinished work that might harm the client.

Managing Firm Assets and Confidential Information

• Return Firm Property: Return all firm property, including documents, keys, technology (laptops, phones), and any other equipment or materials owned by the firm.
• Avoid Taking Client Information Without Authorization: Don’t take client files or documents from your former firm without proper authorization, as this could constitute a breach of confidentiality or intellectual property rights.

Financial and Contractual Obligations

• Compensation and Benefits: Review your employment contract to understand any compensation owed (e.g., final paycheck, bonus, profit-sharing, pension benefits, etc.).
• Settling Debts or Fees: Address any outstanding financial obligations to the firm, such as client fees, associate fees, or office costs.
• Retirement and Partnership Agreements: If you were a partner or had a profit-sharing agreement, work with the firm to determine the terms of your exit, including the handling of any partnership interest or retirement benefits.
• Non-Disclosure Agreements (NDAs): Be mindful of any non-disclosure agreements you have signed that restrict your ability to share confidential information after leaving the firm.

New Firm Onboarding

• Conflict Check: Ensure the new firm runs a conflict check to confirm that there are no conflicts between your prior firm’s clients and the new firm’s clients.
• Training and Support: Participate in any required training or orientation at the new firm to ensure compliance with their systems and processes.

Professional Reputation and Etiquette

• Maintain Professionalism: Leave your current firm on good terms by being professional and respectful during the transition. This helps maintain positive relationships with colleagues and clients.
• Avoid Negative Commentary: Do not disparage your previous employer, colleagues, or clients in public or private communications. Ensure any statements you make about your departure are neutral and respectful.
• Proper Goodbyes: If possible, personally inform colleagues and clients of your departure and extend gratitude for your time working with them. This helps leave a positive final impression.

Transitioning Work Product and Billing

• Transition Ongoing Matters: For cases or projects that are ongoing when you leave, ensure a smooth transition of work to a colleague in your firm. Provide detailed notes or any relevant documentation for whoever will take over your matters.
• Billing and Fees: Ensure that billing for work done prior to your departure is properly processed, and be clear about the allocation of fees if any client matters are transferred to your new firm.
• Accounts Receivable: Review any outstanding invoices or fees owed to the firm and resolve them before your departure.

Potential Legal Disputes

• Consult a Legal Expert: If you are concerned about any legal implications of your departure, consider consulting a lawyer who specializes in employment law or professional ethics to ensure your transition complies with all relevant regulations.
• Dispute Resolution: Should any issues arise with your former firm, remain open to professional negotiation or dispute resolution, such as mediation or arbitration.

Conclusion

Departures are never simple, but they don’t have to be disruptive. By approaching the process with foresight, professionalism, and a strong grasp of your ethical obligations, you can safeguard client interests, honor your commitments, and set yourself up for success in your new role. A thoughtful exit not only protects your reputation but also leaves the door open for future opportunities and positive professional relationships. In short, leaving well is just as important as where you’re headed next.