Leaving Your Firm | Oregon Law Practice Management

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Oregon Law Practice

Management
Practice Management Tips for Oregon Lawyers

Leaving Your Firm

Posted on 09/08/2014
Parting isnt always such sweet sorrow. In fact, it can be downright contentious.
If you are contemplating leaving your firm, do your research. Meeting your ethical
obligations fulfills only part of your responsibilities.
IF YOU ARE A PARTNER
Conduct your partnership withdrawal in a manner that honors the contractual
and fiduciary responsibilities owed to your fellow partners. Contractual duties
are controlled by your written partnership agreement. Fiduciary duties are
described in case law and codified by statute in Oregons Revised Partnership
Act.
IF YOU ARE NOT A PARTNER
Review your employment contract, employment letter, office policies, office
procedures, or any other applicable terms that may control the process for
terminating your relationship with your current firm or your obligations upon
departure.
ARE ISSUES LIKELY TO ARISE?

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Leaving Your Firm | Oregon Law Practice Management

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Consult outside counsel experienced in the areas of lawyer mobility,

partnerships, fiduciary duties, lawyer separation, and law firm dissolution.
PUT CLIENTS ABOVE ALL ELSE
If you are making a lateral move to another firm or setting up your own practice,
remember that the clients freedom of choice in selection of counsel is
paramount. Always put the interests of your clients first. Keep the transition as
amicable, professional, and stress-free as possible. Contentious withdrawals
alienate clients and damage relationships.
GIVE NOTICE TO YOUR FIRM BEFORE YOU CONTACT CLIENTS
Inform the firm of your decision to leave before contacting any clients. Failing to
give adequate and timely notice to your firm or partners before you contact
clients is a violation of the duty of loyalty owed by a lawyer to his or her firm
based on their contractual or agency relationship. It may also constitute conduct
involving dishonesty, fraud, deceit, or misrepresentation in violation of Oregon
RPC 8.4(a)(3).
RESOURCES
The Professional Liability Fund has extensive resources for Oregon lawyers who
are departing a firm, withdrawing from a partnership, or dissolving a firm. Visit
our Web site for more information.
All rights reserved [2014] Beverly Michaelis.

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