Departing Partners: Duties and Pitfalls

A modern day fixture of the law firm is the revolving door. The increasing frequency with which partners leave law firms for new ones raises many issues concerning the permissibility of a withdrawing attorney's conduct regarding client/attorney solicitation, removal of client files or other documents and breach of anti-competition clauses in partnership agreements. In addition to adherence to the professional ethical rules, a partner is subject to a fiduciary duty to his firm and is thus constrained by such duty throughout the life of the partnership.

11 minute read September 03, 2003 at 12:10 AM
By
Debra Raskin
Departing Partners: Duties and Pitfalls

A modern day fixture of the law firm is the revolving door. See Graubard Mollen Bannett & Horowitz v. Moskovitz, 86 N.Y.2d 112, 114 (1995). As Chief Justice Rehnquist has observed: '[i]nstitutional loyalty appears to be in decline.

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