May a retiring attorney send clients and friends a formal announcement that he has retired and arranged for another attorney to handle their future business?

Plain-English summary

The inquiry asked whether an attorney about to retire could send an announcement to his clients and selected friends advising that he was retiring and had arranged with another attorney to handle their future business. The retiring attorney had been general counsel to a corporation and had a modest private practice, and he was referring all pending private matters to another attorney with the full knowledge and approval of each client. He proposed also to advise these clients and certain personal friends, by a formal announcement, that he had retired and that the other attorney was available for any future matters.

The Committee said an attorney about to retire has an obligation to each client to ensure proper provision for the disposition of the client's matter, done in consultation with the client and with the client's complete understanding and acquiescence; to that extent the retiring attorney's action was not only proper but necessary.

The announcement, however, was a different matter. The Committee concluded that an announcement of the type proposed would be improper. Canon 27 deals with the impropriety of advertising and solicitation, directly or indirectly, and the proposed announcement, whether to current clients or to personal friends, would be an indirect solicitation of employment of the other attorney and therefore improper.

Currency note

This opinion was issued in April 1967, before New Jersey's September 13, 1971 adoption of the Disciplinary Rules (Code of Professional Responsibility), and well before the 1984 Rules of Professional Conduct and all later revisions. It applied Canon 27's bar on advertising and solicitation, a body of restriction later reshaped by Bates v. State Bar of Arizona, 433 U.S. 350 (1977), and its progeny. The subjects are now treated under RPC 7.1 (communications about a lawyer's services) and RPC 7.3 (solicitation). Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific requirement mentioned here.

Common questions

Q: Could the retiring lawyer announce that another lawyer would take over his clients' future business?

A: No. The Committee held the announcement would be an improper indirect solicitation of employment for the other attorney under Canon 27.

Q: Could he still hand off his pending cases?

A: Yes. The Committee said arranging for the proper disposition of pending matters, in consultation with each client and with the client's understanding and acquiescence, was proper and necessary.

Q: What was the line the Committee drew?

A: Between protecting existing clients' pending matters (proper) and using a retirement announcement to direct future business to a particular other lawyer (an improper indirect solicitation).

Background and rules framework

The opinion applies Canon 27 of the Canons of Professional Ethics, which barred advertising and solicitation, direct or indirect, and treats a retirement announcement steering future business to a named successor as indirect solicitation. In current New Jersey terms, the subject maps to RPC 7.1 (communications concerning a lawyer's services) and RPC 7.3 (solicitation of clients).

Citations and references

Other authorities:

• Canons of Professional Ethics, Canon 27 (advertising and solicitation)

Other opinions cited:

• NJ ACPE Opinion 25, 87 N.J.L.J. 19 (1964): indirect solicitation

See also

• NJ ACPE Op. 107: Advertising Specialized Legal Services
• NJ ACPE Op. 151: Attorney Joining Ambulance Corps

Source

• Landing page: https://law.justia.com/cases/new-jersey/advisory-committee-on-professional-ethics/2004/acp109-1.html

Original opinion text

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

90 N.J.L.J. 257
April 27, 1967

OPINION 109

Retirement Announcement

Inquiry has been made as to whether it is proper for an attorney who is about to retire to send an announcement to his clients and selected friends advising that he is retiring and that he has arranged with another attorney to handle their future business.

The attorney who is about to retire has been general counsel to a corporation and has a modest private practice. He is in the process of referring all pending matters in his private practice to another attorney with the full knowledge and approval of each client. The retiring attorney also proposes to advise these clients as well as certain personal friends, by a formal announcement, that he has retired and that the other attorney is available to handle any future matters.

An attorney who is about to retire has an obligation to each client to insure that proper provision is made for the disposition of his matter. This should be done in consultation with the client and with his complete understanding and acquiescence. To that extent the retiring attorney's action is not only proper but necessary.

In our opinion, however, any announcement of the type proposed would be improper. Canons of Professional Ethics, Canon 27, deals with the impropriety of advertising and solicitation either directly or indirectly. In essence the proposed announcement, whether to current clients or to personal friends, would be an indirect solicitation of employment of the other attorney and therefore improper. See N.J. Advisory Committee on Professional Ethics, Opinion 25, 87 N.J.L.J. 19 (1964).