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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? The article herein addresses the related questions of when and how can departing lawyers contact clients.

Clients (especially ones with the ability and willingness to pay) are the lifeblood of every law firm. That's why I say that the process through which clients decide to stay with the old firm or leave with the departing attorney are where the proverbial rubber meets the road. Because dollars and livelihoods are at stake, no matter how “friendly” a departure may seem to be on the surface, contacting clients always gets people excited. Sometimes, relationships deteriorate to levels reached only in the most bitter of marital or business divorces. In this article, I will discuss the ethical issues, which arise in collegial as well as vitriolic contexts, surrounding the contact of clients by departing attorneys.

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