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Mergers And Attorney Departures: Ethical Pitfalls To Avoid
As anyone connected with the modern law firm can readily attest, lawyers come and lawyers go. As anyone connected with the ethics function at the modern law firm can attest, attorney arrivals and departures create conflict of interest and other issues that sometimes seem unsolvable.
To be sure, the dynamics are readily different when attorneys arrive at the firm, as compared to when they depart. On the front end of a new relationship, everyone is hopeful and excited ' in stark contrast to the mindset of departing attorneys, in many circumstances, toward their soon-to-be former firm, and vice versa. Regardless of the dynamics, however, important ethical rules and principles must be followed. Otherwise, serious economic and reputational harm ' as well as attorney grievance investigations ' can follow.
One factor, in particular, exacerbates the ethical issues that arise when attorneys change firms. Namely, the rules differ dramatically from jurisdiction to jurisdiction on this subject. I am not engaging in hyperbole when I say that conduct that is permitted in one state may not be ethical in an adjacent jurisdiction. Particularly for firms with multi-state practices, the lack of uniformity on these issues can create even more risks and uncertainty.
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