1. Ethical Considerations and Firm Protocols for Departing Attorneys

2. ABA Commission on Ethics and Professional Responsibility on Departing Attorney Conduct
Departing attorney must avoid interfering with contracts with existing clients
Departing attorney may not use unauthorized firm resources in planning their departure
Departing attorney may not attempt to steal associates and staff while still working for the firm

3. Meehan v. Shaughnessy
Decided in 1989; Prescribes ethical process for both law firms and attorneys leaving law firms regarding clients
Facts overview:
2 partners left established firm to start their own firm;
they planned their departure over 6 months while continuing to work at the firm;
they repeatedly denied rumors of their departure to their partners;
they gave notice on Nov. 30 and within days sent letters to clients and referring attorneys that announced they were departing;
the announcement did not clearly state that clients had a choice to stay at existing firm;
the firm did not become aware of the extent of their communication with clients for two weeks

4. Takeaways from Meehan
Departing partners owe fiduciary duty to fellow partners;
Departing attorneys cannot contact clients about departure before attorneys have notified the firm;
Departing attorneys must give the firm the chance to compete fairly for the client;
Departing attorneys must advise clients that they are free to use existing firm;

5. Firm policies or Contract Impacted by a Departing Attorney
Document management /retention policy (definition of client files; attorney personal records; protocol; redacted work samples)
Confidentiality policy
Departing attorney/employee protocol and process
Shareholder or partnership agreements

6. Process for Departing Attorneys
Upon notice, departing attorney provided with a packet containing:
Letter outlining processes for client notification, transfer of property and client records and departure and off-boarding
Meehan v. Shaughnessy case
BBO article entitled “Fifty Ways to Leave your Law Firm” (©2001, Board of Bar Overseers, Office of Bar Counsel)
Draft Joint letter to clients
Firm’s records policy
Firm’s shareholder agreement (for partners)
Waiver of 60 day notice period (for partners)
Letter of Resignation from Board of Directors (for partners)
Notification of Withdrawal from Corporation (for partners)

7. Process for Departing Attorneys
Firm and attorney agree on clients to whom joint letters will be sent (signed by MP and departing attorney)
If no agreement, then firm sends one way letter
Letter informs client that attorney is leaving and provides 3 options:
stay with firm,
follow departing attorney and authorize transfer of files, or
find other counsel and authorize transfer of files
Letter provides departing attorney’s new contact info. and letters and responses are tracked by firm
Upon written authorization from client, files are transferred

8. Process for Departing Attorneys
The Firm may not retain client files as “hostage” pending payment of monies owed to the Firm
Departing attorney receivables and collections are handled in a separate process with A/R staff
Departing attorney may not remove any firm or client records or property without client authorization
Departing attorney may request to take redacted work product, which is subject to MP approval on a case by case basis
Departing attorney works with old and new firms to assure a smooth transition of client property
The new firm is expected to bear the cost of transfer of all client and attorney personal property

9. Process for Departing Attorneys
Firm reserves right to instruct departing attorneys to work from home during transition out
Once a departure date is set, normal off-boarding procedures are taken
Return of firm property
Off-boarding of benefits
Final compensation
Repurchase of stock (for partners)

10. Additional Resources
Meehan v. Shaughnessy, 404 Mass. 419, 535 N.E. 2d 1255 (1989)
Yurko, Attorney Departures Meet New Marketplace Realities: Re-examining Meehan, © 2010 Boston Bar Association
Geller & Weisberg, Fifty Ways to Leave Your Law Firm, © 2001 Board of Bar Overseers