Trends and Analysis for Successfully Transitioning Lateral Partners
into New Partnerships While Minimizing Risk and Reducing Potential Liabilities

Client Solicitation.

California Rules of Professional Conduct: Responsibilities and Restrictions on Departing Partners in Communication and Solicitation of Law Firm Clients

The California Rules of Professional Conduct place restrictions on an attorney’s conduct in soliciting clients for employment.  The Rules define “solicitation” as “any communication concerning availability for professional employment of a member (of the State Bar of California) or law firm in which a significant motive is pecuniary gain,” whether in person or by telephone. (Cal. Rules of Professional Conduct, Rule 1-400(B).)  Although generally client solicitation is prohibited, the rules provide that an attorney may solicit to “a former or present client in the discharge of a member’s or law firm’s professional duties.”  (Cal. Rules of Professional Conduct, Rule 1-400(C).) More