Some legal rules about dissolution:
posted on
Apr 17, 2015 01:27PM
Here is the link and a sample ( as of 2007) :
http://brockerlawfirm.com/articles/firm-dissolution-and-ethical-breakups/
The one thing we can always count on is change. It is the exception to find a lawyer who has remained at one law firm his entire career. If we know that the lawyers we work with now may not be there a year or two from now, then why aren’t lawyers and law firms better prepared to handle the departure of their partners and employees? Domestic lawyers advise their clients with respect to prenuptial agreements and corporate lawyers recommend shareholder or buy-sell agreements to handle changes in relationships between parties. Lawyers, too, can benefit from a written agreement in advance that sets forth how the transition should be handled in light of the Rules of Professional Conduct.
There are four primary concerns for both a firm and the departing lawyer when a lawyer leaves a firm. The first is client notification – which clients must be notified of the departure, who may contact the clients, how and when should the notice be given, and what should the notice say. The second concerns client files — how and when should the client file be transferred from the firm to the departing attorney, whether each side is entitled to a copy of the file, and who is responsible for making them. The third concerns firm proprietary information – is a lawyer ethically permitted to take client lists or contacts, form documents, firm policies, etc. and can the firm protect such information and documentation? The fourth primary concern is legal fees – how should they be divided?
While the Rules of Professional Conduct, and more specifically the ethics opinions, clearly address some of these issues, others remain fertile ground for disputes. For example, on the first issue, the ethics opinions require that when an attorney leaves a firm, notice must be given to those clients with whom the departing attorney has a “personal professional relationship.” These opinions require..........