here - Philadelphia Bar Association

ABA Formal Opinion No. 99-414 recognizes the obligations imposed on the remaining
managing lawyers of the old firm in the context of a lawyer’s departure as well as on the
departing lawyer:
When a lawyer ceases to practice at a law firm, both the departing
lawyer and the responsible members of the firm who remain have
ethical responsibilities to clients on whose active matters the
lawyer currently is working to assure, to the extent reasonably
practicable, that their representation is not adversely affected by
the lawyer’s departure.
ABA Formal Opinion No. 99-414 at 1 (emphasis added). In short, both the departing lawyer and
the old law firm have an attorney-client relationship with, and owe ethical obligations to, clients
in connection with a lawyer’s departure.
VI.
The Duty to Communicate the Fact of Departure to Clients
Aptly titled “Communication,” Rule 1.4 imposes a duty of communication upon an
attorney. The Rule states:
(a) A lawyer shall:
(1) promptly inform the client of any decision or
circumstance with respect to which the client’s informed
consent, as defined in Rule 1.0(e), is required by these
Rules; . . .
(2) keep the client reasonably informed about the status of
the matter . . . .
(b) A lawyer shall explain a matter to the extent reasonably
necessary to permit the client to make informed decisions
regarding the representation.
In our prior opinion on this subject, in reliance upon Guidance Inquiry 92-8 of the
Philadelphia Bar Association Professional Guidance Committee, we concluded that this rule
imposes an obligation upon both the departing lawyer and the old firm to advise current clients
serviced by the departing lawyer of the fact of the departure. Joint Opinion No. 99-100 at 3.
PHL:5386162.5 - 6 -