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6.03[1][e] Developing a Policy Anticipating the Voluntary Withdrawal of PartnersSome law firm partnerships resist the idea that attorneys will leave the firm and fail to provide an orderly method for departures. Consequently, when attorneys do leave, client matters can be mishandled, which may cause harm to the client, and the transfer of matters from the firm to the departing attorney's new firm can become a source of contention, with emotional battles over the release of documents, the forwarding of mail, and personal possessions. By refusing to admit that attorneys do leave, the likelihood that the departures will result in controversy and or litigation are increased. This costly result can be avoided by developing a policy and procedure by which a departing partner can comply with professional obligations and accomplish an orderly transition. The following sample policy memorandum provides some suggestions for the orderly departure from a law firm. MEMORANDUM OF POLICY FOR PARTNERS LEAVING THE LAW FIRM OF _____________________________________________ An attorney electing to leave the firm has professional obligations. Departure should be orderly and in accordance with well thought-out exit plans. This policy memorandum highlights some duties and responsibilities that departing attorneys should fulfill before their last day at the firm. Starting the Process 1. Informing the Firm A partner who has decided to leave the firm should in form the following persons __________________________ as soon as possible after the decision is made These persons will notify others who are responsible for the orderly departure of attorneys. The departing attorney should be prepared to discuss the departure date, future plans, new place of employment, and other pertinent issues. 2. Informing Clients Clients must be protected throughout the transition period. A partner who plans to join another law firm may, after informing the firm, want to alert those clients of the move and begin to discuss having them transfer their current and future business to the new firm. Clients, however, have the sole right to determine who their counsel will be, whether to remain with the firm, or transfer their work to another firm, and the departing attorney must fully inform them of this fact. Partners also owe a fiduciary duty to the firm to inform the firm of such communications with clients. Departing attorneys are expected to comport themselves so as to avoid any suggestion to clients that they do not have a choice or that either the partner or the firm is acting in a surreptitious manner. 3. Confidentiality The firm will consider requests to keep the departure of an attorney confidential on a case-by-case basis and attempt to comply with reasonable requests. Obligations to Clients A departing lawyer must cooperate in transitioning matters to other partners or associates. The attorney is expected to assist in this process by preparing a memorandum containing the information called for on the attached form for each matter to which the departing attorney is currently assigned, regardless of whether the matter is active or closed. The departing attorney is responsible for explaining to the new attorneys the status of the matters for which they are assuming. Obligations to the Firm 1. Time Entries and Client Billable DisbursementsThe departing attorney must enter all client billable time through the time of departure and do so fully and accurately by the date of departure. The firm may delay or withhold all payments if time sheets are not submitted prior to the time of departure. 2. Billing and Collecting Inventory A departing attorney responsible for preparing client bills must additionally make certain that all bills are prepared and sent to clients prior to departure. Office and Personal Property; Records Department; IT Department 1. Office and Personal Property The personal property of a departing attorney is to be boxed up and ready for removal before leaving. The new employer/firm is generally responsible for moving materials to its offices. Your duty as an attorney to maintain the confidences and secrets of the clients you worked for while at the Firm continues even after you have left the Firm. 2. Records Department Before leaving, the departing attorney is required to return all materials from the records department to the department. All unfiled material is to be properly labeled and sent to the records department. 3. IT Department At or about the time of your departure, the IT Department will perform a number of operations designed to reflect the fact that you are no longer associated with the Firm. Personal Account With the Firm; Mail Forwarding; Benefits Department 1. Personal Account With the Firm A departing attorney with a personal account balance is responsible for satisfying this obligation before leaving. Otherwise, the firm will deduct the obligation from any amounts it owes to the attorney at the time of departure. 2. Mail Forwardding A departing attorney should advise the mailroom in writing on handling mail following departure. The firm will not be required to forward mail after a reasonable period of time. 3. Benefits Department Upon separation from the firm, the departing partner will receive the benefit plan information for the benefit plan the firm maintained. A participant in the plan will receive various information, including the date coverage terminated (or will terminate) and continuing coverage. The attorney will also receive a COBRA (Consolidated Omnibus Budget Reconciliation Act of 1996) notice mandated election form which, when properly completed and returned to the Benefits Department, will allow continuance of medical and dental coverage through the firm, at the attorney's own expense, for a specified period after leaving the firm. CONTACT INFORMATION NAME: __________________ DATE:________________ HOMEAddress: __________________________________________________ __________________________________________________ __________________________________________________ Telephone: ________________________________________ E-mail: ___________________________________________ BUSINESS Current Business Title: ____________________________ Name of Employer:___________________________________Address: ____________________________________________________ ____________________________________________________ Telephone:__________________________________________ Fax:________________________________________________ E-mail:_____________________________________________ Please return to: ___________________________________ CURRENT CLIENT INFORMATION Client_________________________________________ Client #:______________________________________ Matter: ________________________________________ Matter #:_______________________________________ Partner: ________________________________________ Uncompleted Assignments: ________________________________________________________________________________ ________________________________________________________________________________ _______________________________________________ Deadlines and dates: ________________________________________________________________________________ ________________________________________________________________________________ _______________________________________________