Fiduciary Duties
How Savvy Law Firms Protect their Firm from Partner Departures
Law firms have a range of options to reduce the likelihood of partner departures and to ethically and thoughtfully protect the firm when they occur.
Managing Law Firm Dissolutions in Uncertain Times
As the legal industry continues to adjust to life during a pandemic, some law firm transitions and transformations inevitably will lead to law firm closures and dissolutions. But is dissolution always the best option? And will its partners and clients be protected?
California Partners Can Lawfully and Ethically Plan and Prepare to Depart from Their Law Firm
In the world of lawyers and law firms, attorney mobility is a continuing reality. Thoughtful lawyers who plan to depart their law firms are prudently getting advice on how to comply with their legal and ethical obligations to the firm and to their clients as part of the departure process. Law firms that have comprehensive […]
Mitigating Risks During Departure, Part 2: Minimize Exposure to Potential Claims Following a Partner Departure
It is important to remember that there are no absolute safe harbors protecting you from potential liability even when you endeavor to do all the right things when departing your firm. This is true in large part because there are often grey areas within the rules, tensions between those rules and your obligations to your […]
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. […]
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