When a lawyer leaves a firm to join another practice, that lawyer will typically want to bring her clients with her to the new firm. Similarly, the firm will want to keep those clients. Ultimately, though, it is the client’s decision to make. But the departing lawyer and law firm owe certain duties to those clients to allow them to make an informed decision. In 2025 FEO 1, the State Bar has provided a detailed roadmap for navigating this sometimes messy process.

 The State Bar has previously ruled that when a lawyer leaves a law firm, clients affected by the lawyer’s departure must be notified. But who is a client “affected” by the lawyer’s departure? The opinion provides guidance on this question. Affected clients are “clients for whom the lawyer provided significant legal services or with whom the lawyer has had significant client contact.” Examples of significant legal services would include drafting legal documents, conducting legal research, and representing the client in court. Examples of significant client contact would include regular communications to discuss updates and strategies and generally communications that would lead a client to identify the departing lawyer as one of the attorneys representing the client. 

Assuming that a client is someone who would be affected by the lawyer’s departure, who has the responsibility to notify the client? The opinion rules that the departing lawyer and the firm have a joint responsibility to notify the client. The opinion further clarifies that the law firm may not restrict a departing lawyer’s access to client contact information and must make reasonable efforts to provide the departing lawyer with contact information and a list of the current and former clients of the departing lawyer. A list of current and former clients allows the departing lawyer to do a conflicts check for her new firm. 

May a departing lawyer notify her clients of her departure before notifying the law firm? The opinion rules that this is only appropriate where the departing lawyer reasonably believes that such a course of action is necessary to protect the client’s interests. The opinion notes that this action should be taken only in extreme circumstances. For example, if the firm has a history of cutting off the departing lawyer from access to the client’s file immediately after notice to the firm, this might justify notice to the client prior to firm notification. In no event may a departing lawyer put her financial interests in front of the client’s interests.

Ideally, the law firm and the departing lawyer would send a joint letter to the affected clients notifying them of the departure and giving the clients the choice to go with the departing lawyer, stay with the firm, or select another firm. If they cannot agree on a joint letter, the firm and the departing lawyer may send separate letters to the affected clients. In all cases, letters to the affected clients must provide sufficient information to allow the clients to make an informed decision. For example, if the departing lawyer is the only lawyer in the firm who specializes in the practice area at issue, the firm must be forthcoming about its ability to assume responsibility for the matter. Similarly, if the departing lawyer is moving to a firm that does not have adequate resources to handle the affected client’s matter, she must disclose this and decline the representation. In all cases, the departing lawyer and law firm should avoid disparaging remarks about the other. 

If a departing lawyer and law firm are uncertain about what to include in a letter giving notice to the affected clients, the opinion provides the following thorough example of a proposed letter: 

Dear [Client’s Name],

We hope this letter finds you well. We are writing to inform you of an important change regarding your legal representation at [Law Firm Name]. Effective [Date], [Departing Lawyer’s Name] will be departing from our firm to pursue a new opportunity. We want to assure you that your legal matters remain our top priority during this transition. As a valued client, you have several options regarding your representation moving forward: Continue with [Law Firm Name]: If you would like to continue your legal representation with [Law Firm Name], please rest assured that our team will remain dedicated to providing you with high-quality legal services. Your case will continue to be handled by [New Lawyer’s Name or Team], who is fully briefed on your matters and ready to assist you. We will provide you with an updated status of your case, including any upcoming deadlines or important actions needed. Additionally, any outstanding accounting of fees and costs incurred will be shared with you. All client files and documents will remain with [Law Firm Name]. Any trust funds currently held in your matter will also remain with the firm to be managed in accordance with our standard procedures. Transition to Departing Lawyer’s Name]: If you prefer to continue working with [Departing Lawyer’s Name], you are welcome to follow him or her to their new firm, [New Firm Name], where he or she will be practicing starting [Date]. If you choose this option, we will facilitate the transfer of your file and any related trust funds to ensure a smooth transition. You will need to provide written consent for the release of your file and the transfer of any trust funds to [New Firm Name]. We will also provide an accounting of any fees and costs incurred up to the date of transfer. Please let us know how you wish to proceed by [Response Date], and we will assist you with the necessary steps. Seek New Counsel: Should you decide that you would like to seek representation from a different attorney or firm, you are free to do so at any time. As with the transition to [Departing Lawyer’s Name], you will need to provide written consent for the release of your file to your new counsel. If you choose this option, any trust funds related to your matter will remain with [Law Firm Name] until you decide how to handle them, and we will provide you with a detailed accounting of fees and costs incurred.

Handling of Client Files and Trust Funds

Please be assured that your client file will remain confidential and secure regardless of your decision. If you choose to transition to [Departing Lawyer’s Name] and provide consent, we will ensure that your files and trust funds are transferred smoothly and ethically to [New Firm Name]. We will also provide you with a final status report on your case and an accounting of all fees and costs incurred.

Client Liability for Fees and Costs

Please note that regardless of the option you choose, you will remain liable for any fees and costs incurred by [Current Law Firm Name] prior to my departure. This means that any outstanding balances for services rendered, or costs incurred will still be your responsibility. Should you have any questions regarding these fees, or the services provided, please do not hesitate to reach out to [Current Law Firm Name].

Please know that your decision is entirely up to you, and we are here to support you in whatever choice you make. If you have any questions or would like to discuss your options further, please do not hesitate to reach out to us at [Law Firm Phone Number] or [Law Firm Email Address].

We appreciate your trust in us and in [Departing Lawyer’s Name] during this transition, and we remain committed to ensuring your legal needs are met with the utmost care.

Thank you for your understanding, and we kindly ask for your response by [Response Date] by email or regular mail.

Your Choice

Please indicate your preferred option by marking the appropriate box below:

Continue with [Law Firm Name]

_____ I wish to continue my legal representation with [Law Firm Name]. Transition to [Departing Lawyer’s Name]

_____ I would like to follow [Departing Lawyer’s Name] to [New Firm Name].

Seek New Counsel

_____I have decided to seek representation from a different attorney or firm