Center For Practice Management, Ethics, Management

Leaving Well: Ethical and Practical Guidance for Attorney Departures

a person in a suit waving goodbye to an office buiLawyer mobility is a constant feature of legal practice. Attorneys move to new firms, shift into new roles, or leave practice entirely. While these transitions can be stressful for everyone involved, they do not have to be chaotic. With thoughtful planning and a firm understanding of the applicable professional rules, both the departing lawyer and the law firm can manage the transition in a way that protects clients and supports professionalism.

More than twenty years ago, Deanna S. Brocker wrote a helpful primer outlining what firms should consider when a lawyer leaves. She emphasized client notification, transfer of client files, and the handling of fees. Although the landscape has evolved, her basic framework still holds true. Client interests come first, and the process should be organized, timely, and transparent.

In December 2019, the ABA issued Formal Opinion 489 “Obligations Related to Notice When Lawyers Change Firms”. This opinion further expounds on lawyer and law firm management’s ethical obligations to ensure an orderly transfer of client matters and the rights of the client to choose representation.  The opinion states that neither the departing lawyer nor the firm may delay or obstruct notice to clients. Both must cooperate to make sure the client can make an informed choice about representation. As lateral movement has become more frequent, this guidance has become increasingly significant.

Professionalism Matters

The NC Bar Blog article titled “Breaking Up Is Hard to Do” and the JDSupra article “The Ancient Art of Leaving Well” approach attorney departures from a professionalism and personal perspective. They remind us that transitions affect not only clients but also colleagues. Honest communication, respect for the firm’s needs, and a focus on minimizing disruption will help preserve relationships long after the departure is complete.

Recent Guidance from the State Bar

North Carolina’s 2025 Formal Ethics Opinion 1 “Obligations Related to Notice When Lawyer Leaves a Firm” offers the most comprehensive and up‑to‑date guidance on the notice obligations related to attorney departures. This opinion expands on the earlier work and aligns state expectations with the ABA opinion while giving concrete direction for the situations lawyers encounter most often.

Key features of the 2025 opinion include the following:

  • Emphasis on joint notice whenever possible. The opinion strongly encourages the departing lawyer and the firm to work together to send a neutral, accurate communication. Joint notice reduces confusion and helps avoid the perception of solicitation.
  • Clear explanation of timing. Notice must occur promptly. A delay that limits the client’s ability to choose representation is not acceptable.
  • Recognition of the client’s ultimate decision-making authority. The firm cannot assume the client will stay, and the departing lawyer cannot assume the client will follow. The client chooses, and both parties must respect that choice.
  • Inclusion of sample language. The opinion provides model text for a joint notice letter, which helps firms craft a communication that is professional, balanced, and compliant with the rules.
  • Guidance on difficult scenarios. The opinion addresses situations where a joint notice is not possible, such as when there are disputes between the lawyer and the firm or when timing does not allow for collaboration. In these cases, the communications must still be accurate and must not disparage the other party.

The 2025 opinion ultimately reinforces that the rules require cooperation and a focus on client protection, even when the relationship between the departing lawyer and the firm is strained.

Email Account of Departing Attorney

Issued by the NC State Bar in 2021, 2021 FEO 6 “Departing Lawyer’s Email Account” addresses several inquiries regarding a law firm’s obligation to place an outgoing auto-reply message on a departing lawyer’s email account. The opinion suggests a firm must keep the departing attorney’s email account active and place an outgoing auto-reply message. The “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.”

The opinion also provides guidance if the attorney who is no longer with the firm left for reasons of mental impairment or ethical violations. Firms, in addition to setting up an out-of-office auto response, should keep the email account active and monitor it and provide limited response if necessary.

Finally, the opinion suggests that the auto-response be maintained for a reasonable period, which is three months, unless there are circumstances that would require a shorter or longer period.

 

North Carolina’s Ethics Opinions on Departing Lawyers

Several other North Carolina opinions provide step‑by‑step guidance on specific issues that arise in departures.

  • RPC 200 (1985) “Contacts with Clients after a Lawyer Leaves a Firm” explains that both the departing attorney and the firm may contact clients and that each must avoid misleading communications.
  • 2003 FEO 11 “Duty of Departed Lawyer When Dividing Fee with Former Firm” outlines how fees should be divided when a lawyer leaves. The focus remains on fairness and the client’s interests.
  • 2005 FEO 13 “Unearned Portion of a Minimum Fee Must Be Returned to the Client” clarifies the duty to return unearned fees when representation ends.
  • 2006 FEO 20 “Use of Departed Lawyer’s Surname in Firm Name” and 2011 FEO 9 “Use of Letterhead by Person Who is Not Employed or Affiliated with Firm” address name usage and make clear that firms may not continue to use a former lawyer’s name on letterhead or in the firm name.

Each of these opinions provides helpful direction for firms working through the details of a transition.

Governing Documents

In addition to the ethical guidance, lawyers must also consider their firm’s business structure. Partnership agreements, bylaws, articles of incorporation, operating agreements, and other governing documents may impose additional obligations during a departure. These documents may influence how the transition is managed from an operational and financial perspective.

Practical Steps for Managing Attorney Departures

In practice, the ethical framework works best when firms pair it with predictable internal processes. The following steps can help ensure a smoother transition.

Firms should establish a written procedure that outlines who needs to be informed within the firm, what steps must be taken, and how client notice will be handled. Other offboarding considerations include  information technology protocols and transferring responsibilities.

  • Start with a conversation. As soon as a lawyer announces a departure, leadership should meet with the lawyer to discuss a joint communication plan, timelines, ongoing client work, and file transfer logistics.
  • Identify impacted clients. Both parties should work together to create a list of clients with active matters. This prevents oversights or disagreements about who must be notified.
  • Prepare the joint notice. Using the 2025 opinion’s sample language as a guide, craft a notice that is neutral, factual, and centered on the client’s right to choose.
  • Coordinate the timing of communications. Notice should be sent promptly. Firms should avoid delays that might affect the client’s ability to make decisions.
  • Plan for file transfer. Once a client chooses the departing lawyer, the firm should promptly prepare the file for transfer. This includes digital materials, email correspondence, and any trust‑accounting information relevant to the matter.
  • Address technology. Follow 2021 FEO 6 by placing an appropriate reply on the departing lawyer’s email account, keeping the account active for a reasonable period, and monitoring incoming messages.
  • Review financial considerations. Return unearned fees per 2005 FEO 13 and address fee division early to avoid disputes.
  • Update firm materials. Remove the lawyer’s name from the firm website, letterhead, and advertising materials in accordance with 2006 FEO 20 and 2011 FEO 9.
  • Communicate internally. Staff should know who is responsible for fielding questions from clients, opposing counsel, and vendors. A single point of contact often improves consistency.

When in Doubt, Ask for Help

Transitions often involve fact‑specific challenges. When uncertainty arises, lawyers should contact the NC State Bar Ethics Hotline. A short consultation can help the firm avoid missteps that might compromise client interests or create later disputes.

Conclusion

Attorney departures are part of modern law practice, but they do not have to be disruptive. By pairing the guidance in North Carolina’s ethics opinions, including the detailed 2025 opinion, with practical planning and clear communication, both lawyers and firms can support an orderly and professional transition. When a departure is managed well, the client’s needs are protected, the profession is well served, and the lawyers involved can move forward with clarity and respect.