Leaving a law firm is one of the most delicate moves you will make in your career. It can happen for many reasons: a better opportunity, a misalignment in values, or a change of practice area. Whether you are a young associate ready for a new chapter or a senior attorney navigating a complex transition, leaving well is a skill worth mastering.
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Exiting Your Law Firm with Grace, Discretion and Strict Ethical Compliance
Too often, attorneys make emotional or impulsive exits, believing they can “take their book” and leave quietly without consequence. But mishandling your departure can jeopardize your relationships with clients, harm your reputation, and lead to disciplinary action from your state bar. As the American Bar Association has made clear, lawyers have ethical obligations related to notice, client communication and file transfer when they change firms. These are not guidelines; they are enforceable standards.
In this guide, I share practical steps for navigating a firm departure in a way that protects your professional standing, respects your clients’ autonomy, and keeps your future options open.
Ethical Duties Before You Resign from Your Law Firm
Before you think about writing that resignation email to your firm or directly to a client, you want to know the applicable rules of professional conduct in your jurisdiction. These rules are the guardrails that have been established to protect your clients, your license, and to avoid allegations of wrongdoing when your professional relationship with your clients and current law firm ends. Depending on your jurisdiction, ethical obligations include:
Notice to the firm. You should always notify your firm before you speak to your client.
Notice to the client and the client’s choice. When it comes to clients, you do not own them, nor do they belong to the firm. Your clients should be given notice in a timely manner to allow them to make an informed decision as to the choice of counsel.
Handling files and property. Your clients’ files belong to them. You have an ethical obligation to deliver your client’s file in a timely way to whomever they select as their new counsel.
Confidentiality. Confidentiality is still a key obligation you owe to your clients, even if you are leaving. So, while you can and should discuss your departure with your clients, you should not provide any confidential information about the firm or other clients. The end of the attorney-client relationship does not end the duty of confidentiality.
Conflicts. Do a conflicts check to be sure your departure will not create conflicts for remaining matters at your firm or with former clients.
Review your state’s rules to ensure that your departure does not unduly disrupt your clients’ matters or expose you to potential liability.
Planning Your Departure Strategically, Not Emotionally
Walking away from a law practice can be emotional, but your exit should be handled professionally, methodically and strategically. Your goal here is to best serve your clients’ interests, maintain your reputation and continue to move forward in your career.
Avoid “ambush” departures that leave clients in limbo or colleagues scrambling. Take a deep breath. Do not take files without permission, and do not badmouth your firm to clients. (If you are moving to another firm, do not badmouth your current firm to your new colleagues or future clients.)
Instead, create a clear, confidential plan for exiting your law firm that aligns with your ethical obligations.
Your departure plan should cover:
The firm’s departure requirements. Review your employment agreement and firm policies to determine any notice period requirements, billing cut-off dates, return of firm property and the like. If you are a partner, this gets more complicated. Check your partnership agreement for notification requirements to avoid exposure for a claim for breach of fiduciary duty or breach of contract. (Read “Leaving Your Law Firm Partnership: Who Can You Tell, and When?”)
Timing considerations. The timing of your exit may not be your choice. If it is, consider your current caseload, outstanding deadlines, and the needs of your clients. If possible, avoid departing immediately before a critical hearing or court or agency deadline. Leaving abruptly may prejudice your client and cause unnecessary disarray for your colleagues. (See “Maintaining Bridges” below.)
Client notice and communications. Consider the most effective and appropriate way and time to inform your clients. The best scenario is to work with your firm to provide a joint statement about the continuity of their representation and to agree on consistent messaging about your departure during and after the transition period.
Firm communications. It’s important to maintain clear, direct communication with firm leadership during your departure, including participating in an exit interview whenever possible. An exit interview allows you to clarify unresolved matters, express gratitude for opportunities, and address any administrative or ethical loose ends.
Document review and preparation. Review your current active files to include important upcoming deadlines, pending motions and so forth. Also, make a list of important client communications that will need to be sent during your departure window. You might prepare a transition memo for the new attorney or, if you are taking a client with you, a memo for your new file system.
Reputation. The legal community is a small world. The way you handle these transitions may become a part of your reputation and narrative. Even if your departure involves a conflict, you should not be disparaging to your firm, its attorneys or staff.
Leaving a firm under emotionally charged circumstances can lead to rash decisions. A calm, planned departure will help you avoid disciplinary issues and will leave your clients with a positive impression of your judgment and decision-making abilities.
Notifying Clients: Transparency Without Solicitation
As noted, when exiting your law firm, you have an ethical obligation to notify clients of the departure in a timely, neutral manner, providing sufficient information to make an informed choice about continued representation. However, this process must avoid improper solicitation, confidentiality breaches or pressure tactics.
Here’s what to include when notifying clients:
- The fact of your departure. Clearly state that you will be leaving your current firm and provide the effective date.
- Their rights. Inform clients of their right to remain with the firm, transition with you, the departing lawyer, or select another lawyer of their choice.
- Next steps. Explain how current matters will be handled during the transition to avoid confusion or case disruption.
- Contact information. Provide your new professional contact details without encouraging clients to follow you, ensuring the choice remains theirs.
Here’s what to avoid:
- Pressure language. Avoid language that suggests clients should follow you, or that their interests would be harmed if they do not.
- Negative comments. Do not criticize your former firm or colleagues in your communications.
- Premature communications. Do not notify clients before your firm has been informed of your departure plan unless necessary to protect client interests.
Remember, disciplinary authorities may scrutinize your client communications, particularly if disputes arise over client files or accounts.
The Power of Maintaining Bridges
Exiting your law firm on good terms is not just a nicety. It is a strategic move that protects your professional reputation and your long-term network in the legal community.
Never forget, lawyers are part of a relational profession where success depends on your ability to build and maintain positive, authentic and mutually beneficial relationships. Burning bridges during a departure can have long-term consequences.
A well-handled departure can convert your exit into an opportunity to showcase your integrity, organizational skills and professionalism — qualities that will follow you to your next chapter.
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