SCBar // Associate Leaves Problem Preventive Measures
Associate Leaves Problem Preventive Measures
  • Associate Agreement: A law firm should have a written agreement with its associates addressing what will happen to client matters upon the departure of an associate.
  • Rule 1.4 SCRPC, requires that lawyers keep clients reasonably informed about their cases and explain matters to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.
  • Client Engagement Letters: A law firm in contemplation of lawyer transitions into and out of the firm should incorporate notice to current clients. One way to handle client notice is to include a statement in the engagement letter or fee agreement.
  • Technology Policies for Job Departures - It's a good idea for law firms to have technology transition policies and procedures in place to address a departing lawyer's email account and access to other firm hardware, software, and services.