Which clients must receive notice when a Missouri lawyer leaves a firm, and what must the notice cover?

Plain-English summary

Notice goes promptly to current clients for whom the departing lawyer provided material representation and is timed for client interests, not lawyer or firm interests. A joint written communication is ideal, but each side must ensure notice if joint action is unavailable.

The notice seeks the client's direction about future counsel, explains unavailable choices, gives the departure date and new contact information, identifies interim responsibility, and explains that the original file remains with the firm unless the client chooses otherwise. It may also address trust funds and fee balances.

In practice

Under this opinion, the communication centers the client's choice and continuity. No notice letter is required for former clients, though current-client status is a factual and legal question the opinion does not decide.

Common questions

Q: Which clients receive notice?

A: Current clients for whom the lawyer provided material representation.

Q: Must notice be joint?

A: Joint written notice is ideal, but both sides remain responsible if circumstances prevent it.

Q: What choices are offered?

A: The departing lawyer, the firm, or new counsel, subject to availability.

Background and rules framework

The opinion applies In the Matter of Cupples and prior Missouri informal opinions to timing, client choice, interim handling, file location, and trust funds.

Citations and references

Cases:

• In the Matter of Cupples, 952 S.W.2d 226, 235-236 (Mo. banc 1997)

Other opinions cited:

• Missouri Informal Opinions 950184, 970197, and 2019-03

See also

• California Ethics Op. 2020-201: Departing Lawyer Duties
• Colorado Ethics Op. 116: Firm Dissolution and Lawyer Departure

Source

• Landing page: Missouri Informal Opinion 2020-04

Original opinion text

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

QUESTION: To which clients must Attorney and Attorney’s law firm provide notice of Attorney’s departure from the firm, and what information should the notice include?

ANSWER: All current clients for whom Attorney has provided material representation should be notified promptly of Attorney’s departure from the firm in a professional manner consistent with the opinion of the Supreme Court of Missouri in In the Matter of Cupples, 952 S.W.2d 226 (Mo. banc 1997). Notice should be timed to serve the client’s best interest rather than the interests of the departing lawyer or firm. Ideally, the communication will be in writing, issued jointly by Attorney and the firm. Informal Opinion 950184. If circumstances will not allow for joint notice, both the firm and Attorney are obligated to ensure clients receive proper notice. Informal Opinion 970197; In the Matter of Cupples, 952 S.W.2d at 235–236. The firm and Attorney are not required to send a notification letter to Attorney’s former clients. Whether Attorney has a current client-lawyer relationship with a client or former client is a question of fact and law outside the scope of an informal advisory opinion. See Rule 4, Scope, at [17]. The communication should seek the client’s informed direction as to whether the client wishes to be represented in the matter by Attorney, the law firm, or new counsel of the client’s choosing. If Attorney or the firm is unable or unwilling to continue the representation, the client should be so informed, and the remaining available options for representation should be offered to the client. Informal Opinion 950184. Clients should be notified of the expected date of the departure and Attorney’s new contact information, if applicable. The communication should explain who will be handling the client’s matter until the client affirmatively communicates the client’s choice of counsel. The notice should explain that a client’s original file will remain with the firm until or unless the client elects to be represented by Attorney or new counsel. Informal Opinion 2019–03. Attorney and the firm may choose to explain to the client that if the client wishes to be represented by Attorney or new counsel, funds in the trust account will be refunded to the client or transferred per the client’s direction. The notice may also instruct clients as to whom the client should pay any balance due for fees or expenses.