Gain an understanding of a departing attorney and obligations of the firm that need to be handled.
Few events can have a greater impact on a law firm's trajectory than the departure of a partner or key associate. Whether they leave on good terms or poor, whether you wish them well or ill, whether they will compete with you or feed you referrals, you must understand the simple ethical issues involved with their departure. This information will help a firm understand the limits imposed on the firm and the departing attorney, enabling it to take proactive measures that can reduce the negative impact of future departures.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Obligations of Firm and of Departing Attorney
- Communicating to Clients
- Who to Tell
- What to Tell
- How to Tell
- Communicating to Third Parties
- Handling the Departing Attorney's Client Files, Fees, Phones, and Mail
- The Client's Right to Counsel vs. Attorneys Poaching the Firm's Clientele
Other Ethical Considerations
- Duties of Lawyers Interviewing With Other Firms
- When Attorneys Leave on Good Terms
- When Attorneys Leave on Bad Terms
Preventive Practices
- Employment Agreements
- Separation Agreements
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on March 1, 2022.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0 including Ethics 1
- Alaska attorneys may receive 1.0 hours of continuing legal education, including 1.00 hours of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1 including Ethics 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours' credit, including 1.1 hours of ethics credit.
- Arizona CLE 1.0 including Ethics 1
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona, including 1.00 hours of professional responsibility.
- CA MCLE 1.0 including Ethics 1
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit, of which includes 1.00 hours of ethics credit.
- CT CLE 1.0 including Ethics 1
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s) including 1.00 hour(s) of ethics credit.
- GA CLE 1.0 including Ethics 1
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours, including 1.0 ethics hours.
- NM CLE 1.0 including Ethics 1
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit, including 1.0 hours of ethics credit.
- RI CLE 1.0 including Ethics 1
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit, including 1.00 hours of ethics credit.
- VT CLE 1.0 including Ethics 1
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit including 1.00 hour(s) of ethics credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0 including Ethics 1
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit, including 1.00 hours of ethics credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Marc D. Garfinkle
Law Office of Marc Garfinkle
- In his practice at the Law Office of Marc Garfinkle, the incidence of clients with mental illness is quite high, he represents attorneys and judges; not just any attorney or judge, but those who have issues with their licensing authorities; sometimes their mental illness or defect is what prompted the issues which came to the bar’s attention; other times, the process itself creates, exacerbates, or resurrects tendencies toward depression, paranoia, anxiety, and suicidal ideation
- His practice is orderly and civil, his clients typically are stressed out, sometimes to the max; he has had two clients take their own lives and there were a few that were ‘talked off the ledge’ as a result of ethics investigations
- Practicing solo since 1978, now limited to attorney ethics and discipline, Bar Admission
- Wrote “Solo Contendere: How to Go Directly from Law School into the Practice of Law without Getting a Job” 3rd ed, Solo Contendere Press, 2008, 2103; and “I Wasn’t Myself: Mental Illness and Legal Ethics” NJ Law Journal, April 2015
- Adjunct Professor at Seton Hall University Law School since 2006
- Regular columnist: Legal Ethics and Commentary, NJ Law Journal
- Former Attorney Ethics Investigator and former Chair of the NJ District VB Attorney Ethics Committee
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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