Partner Departure Law

Providing Notice of Departure

October 25, 2018

California’s New Rules: How Communication Rules Impact Attorney Departures

As most of you likely know by now, on November 1, 2018, the new California Rules of Professional Conduct will go into effect changing the regulation of the practice of law for all California attorneys. The significant changes to the prior rules and the enactment of some entirely new rules will have a tremendous impact […]

January 25, 2016

Notice to Clients of Attorney Departure Not Likely Protected Speech in California

Earlier this month, California’s Fourth District Court of Appeal agreed with an Orange County trial court that several emails sent by a departing partner to clients and former clients announcing his departure to a new firm did not qualify as protected speech under anti-SLAPP laws.  Although the Court of Appeal’s opinion was unpublished, the Court […]

October 15, 2015

Are Recent Ethical Rules that Establish Attorney Notification Protocols For Departing Attorneys Really in the Best Interest of the Clients?

Earlier this year, the Virginia State Bar enacted a new ethical rule governing how attorneys and law firms should notify clients in the event of an attorney departure or firm dissolution. The new rule, Rule 5.8 of the Virginia Rules of Professional Conduct, is an effort by that state to regulate what it viewed as a […]

February 13, 2014

Ethical Obligations Regarding the Use and Handling of a Law Firm’s Domain Name upon a Partner Departure and Change In the Firm’s Name

An interesting ethics issue is being considered by the Virginia State Bar with respect to whether and how a firm can continue to use its URL after a partner departure when the URL contained the former partner’s name in it and the firm’s name has changed.  At present, the Virginia State Bar Standing Committee on […]

August 09, 2013

Departing Partners Must Properly Navigate California’s Uniform Trade Secrets Act When Making a Lateral Move to a New Firm

A departing partner must be familiar with and properly navigate California’s Uniform Trade Secrets Act (Civil Code Section 3246 et seq.)(“UTSA”), which governs misappropriation of trade secrets, when informing clients of a move to a new firm.  In the seminal 2004 case Reeves v. Hanlon (2004) 33 Cal.4th 1140, the California Supreme Court defined the scope of the […]