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When and How Can Departing Lawyers Contact Clients?

By Jeffrey P. Ayres

Lawyers come and lawyers go. That's a fact of life in today's law firm. Whether they are rainmakers or foot soldiers, business generators in all industries ' from commercial real estate agents to pharmaceutical salesmen ' create myriad legal issues when they change employers. So why should law firms be any different?

Recent editions of Law Firm Partnership & Benefits Report have addressed various topics on this subject. In January 2008, for example, Wayne N. Outten and Mark R. Humowiecki published an article entitled Forfeiture-For-Competition Agreements. In June 2007, Mr. Outten and Cara E. Greene published Jumping Ship (and Taking the Crew): Can Law Firm Partners Solicit Their Firms' Employees? The article herein addresses the related questions of when and how can departing lawyers contact clients.

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