Can a lawyer leaving a firm contact the firm's clients to tell them about the move?

Plain-English summary

The opinion answered whether a departing attorney may send a communication to clients of the former law firm. The Board concluded that no Standard prohibits a departing attorney from contacting clients with whom the attorney personally worked, reasoning that a client is not the property of a particular attorney and that the client's best interest is the main consideration.

The Board grounded the conclusion in the duty to keep clients informed. It relied on former Standard 22 (now Rule 1.16(d)), which requires a lawyer withdrawing from employment to take reasonable steps to avoid foreseeable prejudice, including due notice, and on former Standard 44 (now Rule 1.3), which prohibits willful abandonment of a client's matter. To the extent the lawyer's departure affects the client's matters, the client should be informed, and the fact or circumstances of the departure may not be misrepresented, consistent with former Standards 4 and 45(b).

The Board concluded that where the departing attorney had significant contact with or actively represented a client, the attorney may communicate, in writing or orally, to advise of the departure, the new location, the attorney's willingness to provide services, and the client's right to select counsel. Such a written communication need not comply with the advertisement-labeling provisions of former Standard 6, because it is not a written communication to a prospective client for the purpose of obtaining employment; it must still comply with the rule against false or misleading communications. An oral communication should be limited to the same appropriate information.

On timing, the Board treated the client's best interest as the ultimate consideration and described a joint notification by the firm and the departing attorney as the preferred course where practical, with appropriate timing determined case by case. It noted the departing attorney may owe duties to the firm, including advising the firm of the intent to leave and to notify clients before doing so, and must not engage in dishonesty in dealings with the firm. The opinion stated that legal questions such as tortious interference with contract are beyond its scope.

Currency note

This opinion was issued in 1998, before the State Bar of Georgia's 2001 adoption of the Georgia Rules of Professional Conduct, which replaced the former Standards of Conduct. Per the opinion's headnotes, Standard 22 corresponds to current Rule 1.16(d), Standard 44 to Rule 1.3, Standard 4 to Rule 8.4(a)(4), Standard 5 to Rule 7.1(a), Standard 6 to Rule 7.3(b), and Standard 45(b) to Rule 7.1(a)(1). 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 or requirement mentioned here.

Common questions

Q: Can a lawyer leaving a firm tell their clients about the move?

A: The opinion concluded a departing attorney may contact clients with whom the attorney had significant contact or active representation to advise them of the departure, the new location, the attorney's willingness to continue serving, and the client's right to choose counsel.

Q: Does that notice have to be labeled an advertisement?

A: No. The opinion concluded that a communication to a client the departing attorney significantly served is not a written communication to a prospective client for obtaining employment, so it need not be labeled an advertisement, though it must not be false or misleading.

Q: What is the preferred way to notify the client of the departure?

A: The opinion described a joint notification by the firm and the departing attorney as the preferred course where practical, with the appropriate timing determined case by case in the client's best interest.

Q: Does the departing lawyer owe anything to the firm?

A: The opinion noted the departing attorney may owe the firm certain duties, including advising the firm of the intent to leave and to notify clients before doing so, and must not engage in dishonesty, fraud, deceit, or willful misrepresentation in dealings with the firm.

Background and rules framework

The opinion interpreted former Standards of Conduct 22, 44, 4, 5, 6, and 45(b), which the State Bar of Georgia's headnotes map to current Rule 1.16(d) (Model Rule 1.16), Rule 1.3 (Model Rule 1.3), Rule 8.4(a)(4) (Model Rule 8.4), Rule 7.1 (Model Rule 7.1), and Rule 7.3(b) (Model Rule 7.3). It applied these to a departing lawyer's communications with former-firm clients.

Citations and references

Rules of Professional Conduct:

• Former Standard 22 (withdrawal; avoiding prejudice), now Georgia RPC 1.16(d) / Model Rule 1.16
• Former Standard 44 (abandonment of a matter), now Georgia RPC 1.3 / Model Rule 1.3
• Former Standard 6 (solicitation; advertisement labeling), now Georgia RPC 7.3(b) / Model Rule 7.3
• Former Standards 4, 5, 45(b), now Georgia RPC 8.4(a)(4), 7.1(a) / Model Rules 8.4, 7.1

See also

• ABA Formal Op. 99-414: Ethical Obligations When a Lawyer Changes Firms
• GA Ethics Op. 97-2: Practicing in Multiple Firms

Source

• Landing page: https://www.gabar.org/handbook?rule=rule511

Original opinion text

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

State Bar of Georgia

Issued by the Supreme Court of Georgia

On September 4, 1998

Formal Advisory Opinion No. 97-3

For references to Standard of Conduct 4, please see Rule 8.4(a)(4) .

For references to Standards of Conduct 5, please see Rule 7.1(a) .

For references to Standard of Conduct 6, please see Rule 7.3(b) .

For references to Standard of Conduct 22, please see Rule 1.16(d) .

For references to Standards of Conduct 44, please see Rule 1.3 .

For references to Standard of Conduct 45(b), please see Rule 7.1(a)(1) .

For an explanation regarding the addition of headnotes to the opinion, click here .

QUESTION PRESENTED:

Whether it is ethically permissible for a departing attorney to send a communication to clients of the former law firm?

OPINION:

No Standard prohibits a departing attorney from contacting those clients with whom the attorney personally worked while at the law firm. A client is not the property of a certain attorney. The main consideration underlying our Canons of Ethics is the best interest and protection of the client.

An attorney has a duty to keep a client informed. This duty flows in part from Standard 22 which provides that a lawyer shall not withdraw from employment until that lawyer has taken reasonable steps to avoid foreseeable prejudice to the client including giving due notice to the client of the lawyer's withdrawal, allowing time for employment of other counsel, delivering to the client all papers and property to which the client is entitled, and complying with applicable laws and rules. Furthermore, Standard 44 prohibits an attorney's willful abandonment or disregard of a legal matter to the client's detriment. Therefore, to the extent that a lawyer's departure from the firm affects the client's legal matters, this client should be informed of the attorney's departure. The fact or circumstances of an attorney's departure from a law firm should not be misrepresented to the firm's clients. See Standard 4 (which prohibits an attorney from engaging in professional conduct involving dishonesty, fraud, deceit, or willful misrepresentation); and Standard 45(b) (which prohibits an attorney from knowingly making a false statement of law or fact in his representation of a client).

If the departing attorney either had significant contact with or actively represented a client on the client's legal matters, the attorney may communicate with the client, in either written or oral form, to advise the client of the attorney's departure from the firm. An appropriate communication may advise the client of the fact of the attorney's departure, the attorney's new location, the attorney's willingness to provide legal services to the client, and the client's right to select who handles the client's future legal representation.

Assuming the departing attorney either had significant contact with or actively represented the client, the written communication to the client does not need to comply with the provisions governing advertisements contained in Standard 6, because it would not constitute "a written communication to a prospective client for the purposes of obtaining professional employment "as contemplated by Standard 6 (i.e. the written communication is not required to be labeled an "advertisement "). Of course, any written communication regarding a lawyer's services must also comply with Standard 5, which prohibits any false, fraudulent, deceptive or misleading communications; and with any other applicable standards of conduct.

A similar analysis should also apply to an oral communication by the departing attorney to a client with whom the attorney had significant contact or active representation on legal matters while at the firm. If the departing attorney contacts such a client orally, that attorney should only provide information that is deemed appropriate in a written communication as set forth above.

With respect to the timing of the disclosure of the attorney's departure to the client, the ultimate consideration is the client's best interest. To the extent practical, a joint notification by the law firm and the departing attorney to the affected clients of the change is the preferred course of action for safeguarding the client's best interests. However, the appropriate timing of a notification to the client is determined on a case by case basis. Depending on the nature of the departing attorney's work for the client, the client may need advance notification of the departure to make a determination as to future representation.

The departing attorney may also owe certain duties to the firm which may require that the departing attorney should advise the firm of the attorney's intention to leave the firm and the attorney's intention to notify clients of his or her impending departure, prior to informing the clients of the situation. Specifically, the departing attorney should not engage in professional conduct which involves "dishonesty, fraud, deceit, or willful misrepresentation "with respect to the attorney's dealings with the firm as set forth in Standard 4.

In conclusion, as long as the departing attorney complies with the Standards governing advertisements, solicitation, and general professional conduct, the attorney may ethically contact those clients with whom the attorney had significant contact or active representation at the former law firm, so as to advise the clients of the attorney's departure as well as the client's right to select his or her legal counsel. Legal issues which may arise from a particular set of facts involving a departing attorney including, but not limited to, contract or tortious interference with contract, are beyond the scope of this formal advisory opinion.