Attorney Ethics When Changing Firms
When a lawyer changes firms, it raises substantial ethical and practical issues not only for the lawyer but also his old firm and new firm, his existing clients and those of the new firm. Changes in lawyer affiliation implicate conflicts checks and procedures to protect confidentiality at the new firm, but the issues far deeper. Existing clients must be notified of the change in affiliation, letterheads and sometimes law firm names must be changed. There is also the central and sometimes contentious issue of the custody of client files. When a lawyer changes firms it is a dramatic effect with substantial consequences. These and many other issues will be discussed in this practical guide to ethical issues when lawyers change law firms.
- Ethical issues in changes of lawyer affiliation
- Diligence before a lateral joins a new firm, including recruitment issues, and procedures after the start date
- Communications with clients about change of lawyer affiliation
- Custody of client files
- Law firm names and letterheads
- Conflicts of interest and confidentiality
Andrew F. Halaby is a partner in the Phoenix office of Snell & Wilmer, LLP, where he represents clients in a wide variety of matters focusing on intellectual property, commercial, and professional/product liability litigation and business counseling. He is chair of the firm’s Ethics Committee. His professional/product liability experience includes legal and medical malpractice, disciplinary, and strict liability and negligence matters. Mr. Halaby received his B.S. and M.S. from the University of Kansas and his J.D. from the University of Kansas School of Law.
