Must a firm tell materially represented clients that they may continue with a departing associate?

Plain-English summary

A firm planned to tell clients whose agreements bore a departing associate’s signature that a partner would continue their cases. It asked whether the notice also had to say the clients could choose the associate or other counsel.

The opinion says departure procedures are the same regardless of a lawyer’s status. It identifies clients who received material representation from the departing lawyer as those requiring notice. If the associate can actually continue representing them, those clients must be told of that option.

In practice

The opinion ties client notice to material representation and availability of continued representation by the departing lawyer, without distinguishing associates from partners.

Common questions

Q: Does the lawyer’s associate status change the procedure?

A: No. The opinion says the same procedures apply to partners, associates, and of-counsel lawyers.

Q: Which clients must be notified?

A: Those for whom the departing lawyer provided material representation.

Q: When must the notice mention the associate as an option?

A: If it is actually possible for the associate to continue representing those clients.

Background and rules framework

The published answer sets out departure-notice criteria but cites no numbered rule.

See also

• Missouri Informal Op. 2019-04: Departing Lawyer Fee Dispute

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/20060060/

Original opinion text

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

QUESTION: An associate of Attorney’s firm is leaving Attorney’s firm. Attorney’s firm will give written notice to the clients whose employment agreements bear the associate’s signature that the associate is leaving. Attorney’s firm proposes to say that one of the partners would continue handling the case. Since the attorney leaving the firm is an associate, and not a partner, of the firm, should Attorney’s firm also include a statement that such clients are free to ask the associate to continue with their case or to hire completely different counsel?ANSWER: The same procedures apply when an attorney leaves a firm regardless of an attorney’s status in the firm. It does not matter whether the attorney was a partner, associate, “of counsel,” etc. The clients who must be notified are the clients for whom the attorney provided material representation. If it is actually possible for the departing associate to continue to represent these clients, the clients must be notified of that option.

For further information about the duties when an attorney leaves a firm, please see the article, The Right Way to Leave Your Firm. It is available in the Articles section of www.mo-legal-ethics.org or by contacting the Legal Ethics Counsel office.