How can a retiring lawyer hand off open client files, and may the successor lawyer divide fees with the retiring lawyer?

Plain-English summary

The committee concluded that a retiring lawyer may write a form letter to clients advising that, after a stated and reasonable time period, he proposes to place his files with a named lawyer who will assist in closing the practice unless the client directs otherwise; that he will assist each client in placing the files with an attorney the client chooses; and offering to return the files directly to the client, citing EC 4-2.

The committee also concluded it would be proper, subject to the client's approval, for the lawyer taking over a case from a retiring lawyer to divide the fees with the retiring lawyer based on the amount of work the retiring lawyer did before the second lawyer took the case, citing DR 2-107. The committee added that no division of the fee should be based to any degree on "getting the business" or as a purchase of the retiring lawyer's practice, unless done in compliance with Rule 4-1.17, which permits the sale of a law practice effective January 1, 1993.

Currency note

This opinion was originally issued in 1977 and revised September 11, 1992, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: How can a retiring lawyer notify clients about their files?

A: The opinion concluded the lawyer may send a form letter offering to place files with a named successor, to help the client choose another lawyer, or to return the files directly.

Q: Can the successor lawyer split fees with the retiring lawyer?

A: The opinion concluded the successor may divide fees, subject to client approval, based on the amount of work the retiring lawyer did before the handoff.

Q: Can the fee split be a payment for the practice?

A: No, not as a fee division. The opinion concluded no part of the fee division should be based on "getting the business" or buying the practice, unless done in compliance with Rule 4-1.17.

Background and rules framework

The opinion interprets CPR EC 4-2 (client files) and DR 2-107 (fee division), and references Rule 4-1.17 on the sale of a law practice. These correspond to Model Rule 1.17 (sale of a practice), Model Rule 1.16 (file handling on termination), and Model Rule 1.5(e) (division of fees) (Florida Rules 4-1.17 and 4-1.16).

Citations and references

Rules of Professional Conduct:

• CPR EC 4-2; DR 2-107; RPC 4-1.17 (Model Rules 1.17, 1.16, 1.5(e))

See also

• FL Bar Ethics Op. 81-8: Disposing of Client Files on Closing a Practice
• FL Bar Ethics Op. 94-1: Departing Lawyer Fee Split With Former Firm
• FL Bar Ethics Op. 94-7: Of Counsel and Fee Division Rules

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-77-1/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-77-1-1.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

FLORIDA BAR ETHICS OPINION
OPINION 77-1
July 13, 1977
Revised September 11, 1992
Advisory ethics opinions are not binding.
A retiring lawyer may write a form letter to his clients proposing to (1) place the client's files in the hands of a named attorney who will assist the retiring lawyer in closing out his practice, or (2) assist the client in putting his file in the hands of an attorney chosen by the client, or (3) return the files directly to the client.
CPR: EC 4-2, DR 2-107
RPC: 4-1.17
Vice-chairman Taylor stated the opinion of the committee:
In reply to an appropriate inquiry which need not be quoted:
It is the opinion of the Committee that a retiring lawyer may write a form letter to his clients advising that (1) he proposes, after the expiration of a reasonable, and stated, time period, to place his files in the hands of a named lawyer who will assist him in closing out his practice unless during that period the client advises otherwise; (2) he will assist the client in putting the files in the hands of the attorney each client chooses, and (3) offering, if the client wishes, to return the files directly to the client. See EC 4-2.
It is also the opinion of the Committee that it would be proper, subject to the approval of the client, for a lawyer taking over cases from a retiring lawyer to divide the fees in the case with the retiring lawyer on a basis of the amount of work done by the retiring lawyer before the second lawyer takes the case. DR 2-107. No division of the fee should be based to any degree on "getting the business" or as a purchase of the retiring lawyer's practice, unless such is done in compliance with Rule 4-1.17 (which permits the sale of a law practice effective January 1, 1993).