When a lawyer leaves a North Carolina firm, what must the firm do with the lawyer's firm email account, and how long must it stay active?

Plain-English summary

After a lawyer leaves a firm and the firm and lawyer have jointly notified the lawyer's clients, the firm asks what it must do with the departed lawyer's firm email account. The opinion grounds the firm's duties in Rules 1.3 (diligence), 1.4 (communication), and 1.16(d) (protecting client interests), and in ABA Formal Opinions 99-414 and 489 and Philadelphia Bar Opinion 2013-4.

The opinion concludes the firm may not simply deactivate the account. Because current, former, and prospective clients, as well as third parties in ongoing litigation, may try to reach the departed lawyer at the firm address, the firm must keep the account active and place an outgoing auto-reply announcing the departure (Inquiry #1). The firm may choose the wording, but the auto-reply must give notice of the departure and, where known or reasonably ascertainable, the lawyer's new contact information, and it may include an alternative firm contact; in limited circumstances (such as 2013 FEO 8 mental-impairment situations or where the departing lawyer is under investigation for serious violations like embezzlement), the firm may need to handle inquiries with more care (Inquiry #2). The firm must also monitor and respond to incoming email while the account stays active, to keep clients who stayed from being harmed and to forward promptly to the departed lawyer messages about clients who left with him, while limiting review of each message to only enough to determine where it should be directed (Inquiry #3).

On duration, the opinion concludes the firm must keep the account active for a reasonable time and then remove the auto-reply and deactivate the account so that senders get a generic "undeliverable" message. What is reasonable varies with the type of practice and the departed lawyer's caseload, but in general the firm must keep the account active for three months, neither shorter nor longer absent special circumstances; the firm must deactivate it after that to avoid implying the lawyer is still with the firm and to prevent inadvertent disclosures to unanticipated recipients (Inquiry #4). Finally, if a former or prospective client emails the account seeking legal services, the firm must promptly give that person the departed lawyer's new contact information, though the firm may also offer its own services as an alternative (Inquiry #5; RPC 200).

In practice

Under this opinion, when a lawyer leaves a North Carolina firm, the firm must keep the lawyer's firm email account active rather than deactivating it, and place an auto-reply announcing the departure and giving the lawyer's new contact information where known or reasonably ascertainable (Rules 1.3, 1.4, 1.16(d)). The firm may choose the wording and may add an alternative firm contact. The firm must monitor and respond to incoming email, reviewing each message only enough to route it to the firm or to the departed lawyer. The opinion holds the firm must keep the account active for a reasonable time, generally three months absent special circumstances, then remove the auto-reply and deactivate the account so senders receive an "undeliverable" message. If a former or prospective client emails seeking services, the firm must promptly provide the departed lawyer's new contact information, and may also offer the firm's own services (RPC 200).

Common questions

Q: When a lawyer leaves a North Carolina firm, can the firm just shut off the lawyer's email?

A: No. Opinion #1 concludes the firm must keep the account active and place an auto-reply announcing the departure, because clients and third parties may try to reach the departed lawyer there and the firm must protect every client's interests (Rules 1.3, 1.4, 1.16(d)).

Q: What does the auto-reply have to say?

A: Per Opinion #2, the firm may choose the wording, but the auto-reply must give notice of the departure and, where known or reasonably ascertainable, the lawyer's new contact information; it may also include an alternative firm contact for inquiries.

Q: Does the firm have to read and respond to incoming emails?

A: Yes, with a limit. Opinion #3 concludes the firm must monitor and respond to incoming email to protect clients who stayed and to forward messages about clients who left with the lawyer, but those monitoring should review only enough of each message to determine where it should be directed.

Q: How long must the firm keep the account active?

A: Per Opinion #4, for a reasonable time, generally three months absent special circumstances; after that the firm must remove the auto-reply and deactivate the account so senders receive a generic "undeliverable" message, to avoid implying the lawyer is still with the firm.

Q: If a former client emails looking for the lawyer, can the firm pitch its own services?

A: Yes. Opinion #5 concludes the firm must promptly give the former or prospective client the departed lawyer's new contact information, but may also offer the firm's services as an alternative (RPC 200).

Background and rules framework

The opinion interprets North Carolina Rule 1.3 (diligence, including during transitions), Rule 1.4 (communication, including 1.4(a)(3) on keeping clients reasonably informed), and Rule 1.16(d) (protecting client interests). These correspond to ABA Model Rules 1.3, 1.4, and 1.16. The opinion relies on prior NC opinions RPC 48, RPC 200, and 2013 FEO 8 (responding to the mental impairment of a firm lawyer), and on ABA Formal Opinions 99-414 (1999) and 489 (2019) and Philadelphia Bar Association Professional Guidance Committee Opinion 2013-4.

Citations and references

Rules of Professional Conduct:

• Model Rule 1.3 / NC Rule 1.3 (diligence)
• Model Rule 1.4 / NC Rule 1.4, 1.4(a)(3) (communication)
• Model Rule 1.16 / NC Rule 1.16(d) (protecting client interests)

Other opinions cited:

• RPC 48; RPC 200 (duties when a lawyer leaves a firm)
• 2013 FEO 8 (responding to the mental impairment of a firm lawyer)
• ABA Formal Op. 99-414 (1999); ABA Formal Op. 489 (2019); Philadelphia Bar Op. 2013-4

See also

• North Carolina 2025 FEO 1: Notice When a Lawyer Leaves a Firm
• ABA Formal Op. 489: Notice When Lawyers Change Firms
• ABA Formal Op. 99-414: Ethical Obligations When Changing Firms

Source

• Landing page: https://www.ncbar.gov/for-lawyers/ethics-and-governing-rules/ethics-opinions/opinions/2021-formal-ethics-opinion-6/

Original opinion text

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

Facts:

Departing Lawyer is employed by Law Firm and utilizes an email address associated with the firm. Departing Lawyer has decided to terminate his employment with Law Firm and open his own law practice. Law Firm and Departing Lawyer sent a joint communication to Departing Lawyer’s current clients advising them of the departure and informing them that they have the option to continue their representation with Departing Lawyer, request that another lawyer with Law Firm take over the representation, or engage a lawyer from another firm.

Law Firm seeks guidance as to the ethical requirements relating to Departing Lawyer’s law firm email account after Departing Lawyer has left the firm.

Inquiry #1:

Does Law Firm have an obligation to place an outgoing auto-reply message on Departing Lawyer’s email account announcing his departure, or may Law Firm simply deactivate Departing Lawyer’s email account?

Opinion #1:

In order to comply with its professional responsibilities, Law Firm must keep Departing Lawyer’s email account active and must place an outgoing auto-reply message on Departing Lawyer’s email account. When a lawyer leaves a law firm, “both the departing lawyer and the responsible members of the firm who remain have ethical responsibilities to clients on whose active matters the lawyer currently is working to assure, to the extent reasonably practicable, that their representation is not adversely affected by the lawyer’s departure.” ABA Formal Op. 99-414 (1999).

Lawyers are required to “act with reasonable diligence in representing a client.” Rule 1.3. The requirement to diligently represent clients continues during periods of transition when lawyers must “take care that they continue to fulfill the lawful objectives of their clients.” RPC 48. A component of diligent representation is “reasonable communication” between the lawyer and the client. See Rule 1.4, cmt. [1]. Rule 1.4(a)(3) provides that a lawyer must “keep the client reasonably informed about the status of [the client’s] matter.” The departure of a lawyer who plays a principal role in a client's representation “is information that may affect the status of a client's matter as contemplated by Rule 1.4.” ABA Formal Op. 99-414 (1999). Accordingly, Departing Lawyer’s clients must be promptly notified that Departing Lawyer is leaving Law Firm. As noted above, Law Firm and Departing Lawyer sent a joint communication to Departing Lawyer’s current clients advising them of the departure. However, Law Firm’s obligations do not end once notifications have been sent to Departing Lawyer’s current clients.

Law Firm is required to take reasonable measures to protect the interests of every client, regardless of whether the client remains with Law Firm or leaves with Departing Lawyer. See Rules 1.3, 1.4, and 1.16(d). Email and other communications may continue to come to Law Firm after Departing Lawyer leaves the firm. It is possible that Departing Lawyer’s current, former, or prospective clients may attempt to contact Departing Lawyer through his law firm email account. In addition, third parties involved in ongoing litigation with one of Departing Lawyer’s current clients may attempt to contact Departing Lawyer through his law firm email account. For this reason, Law Firm may not simply deactivate the account. Reasonable measures necessary to protect clients’ interests in this scenario include placing an outgoing auto-reply message on Departing Lawyer’s email account announcing his departure. ABA Formal Op. 489 (2019); Philadelphia Bar Ass’n Prof’l Guidance Comm., Op. 2013-4.

Inquiry #2:

If Law Firm has an obligation to place an outgoing auto-reply message on Departing Lawyer’s email account, may Law Firm choose the wording of the auto-reply message?

Opinion #2:

Yes, however, the automatic response must include notice of the lawyer’s departure and, if appropriate, must provide new contact information for Departing Lawyer if the contact information is known or reasonably ascertainable by Law Firm. Philadelphia Bar Ass’n Prof’l Guidance Comm., Op. 2013-4. The response may also include an alternative contact at Law Firm for inquiries.

In circumstances such as those set out in 2013 FEO 8 (Responding to Mental Impairment of Firm Lawyer), or where the departing lawyer is under investigation for serious ethics violations such as embezzlement, the law firm may have a professional responsibility to do more than provide the departing lawyer’s contact information in an automatic response with no further information regarding the circumstances of the lawyer’s departure. In such limited circumstances, the automatic response must include notice of the lawyer’s departure and include a contact at Law Firm for inquiries. Responses to client inquiries regarding the lawyer’s departure should include the lawyer’s new contact information as well as information necessary for clients to make an informed decision about continued or renewed representation by the departed lawyer.

Inquiry #3:

In addition to placing an outgoing auto-reply message on Departing Lawyer’s email account announcing his departure and giving his new contact information, does Law Firm have a duty to monitor and respond to the incoming emails?

Opinion #3:

Yes. While Departing Lawyer’s email account remains active, Law Firm must monitor the email account to ensure clients are not adversely impacted by the lawyer’s departure. Such monitoring is necessary to ensure continued representation of those clients that have elected to stay with Law Firm and ensure prompt transmission to Departing Lawyer of communications that relate to a client that has decided to stay with Departing Lawyer. ABA Formal Op. 489 (2019); Philadelphia Bar Ass’n Prof’l Guidance Comm., Op. 2013-4. As noted by the Philadelphia Bar Association, “some degree of interaction with the substance of messages to [a departing lawyer’s] old email address would, as a practical matter, be necessary in order for [a law firm] to sort out its responsibilities to current clients, former clients, those clients who have elected to follow [the departing lawyer], as well as to third parties.” Philadelphia Bar Ass’n Prof’l Guidance Comm., Op. 2013-4. However, individuals responsible for monitoring the account should limit their review of email communications to only enough information to determine where the email needs to be directed.

Inquiry #4:

How long must Law Firm keep Departing Lawyer’s email account active after the lawyer’s departure?

Opinion #4:

As noted above, Law Firm must take reasonable measures to protect the interests of every client. Law Firm must keep Departing Lawyer’s email account active for a reasonable amount of time. After a reasonable amount of time, Law Firm must remove the auto-reply message and deactivate the email account such that anyone contacting the address will receive a generic “undeliverable” message. What constitutes a reasonable time period will vary depending on factors such as the type of law practiced by Law Firm and the caseload Departing Lawyer maintained while at Law Firm. In general, Law Firm must keep Departing Lawyer’s email account active for a three-month period unless there are circumstances that would make it reasonably necessary to shorten or extend the three-month period. In the absence of special circumstances, Law Firm must not keep Departing Lawyer’s email account active after three months. Law Firm must deactivate Departing Lawyer’s email account to avoid giving clients and other third parties the impression that Departing Lawyer remains associated with Law Firm and to prevent clients and other third parties from inadvertently disclosing information to unanticipated recipients.

Inquiry #5:

If a former client emails Departing Lawyer’s email account in search of legal services, may someone at Law Firm reach out to the former client and offer services?

Opinion #5:

Yes. Former clients, and prospective clients, seeking legal representation must promptly be given Departing Lawyer’s new contact information. However, Law Firm may also offer the firm’s services as an alternative. RPC 200.