Confusion or even anxiety can be provoked when clients learn that their lawyer is leaving their law firm. While there are a number of reasons why this may have occurred, a big reason among medium- to large-sized or niche firms is a result of “conflicts.”
To the average person, “conflicts” sounds like disagreements among attorney. However, it usually has to do with the firm’s clients. Each time a lawyer wants to add a client to the firm’s roster, it reviews its client list and determines whether there is a conflict of interest between the existing clients’ interests and the potential client.
If there is a conflict, the lawyer may request the existing client sign a waiver. The client has the right to agree to the waiver or not. If they do, in certain instances, the firm may be obligated to set up “a screen” or fire wall between the two groups working on each client’s behalf.
As lawyers become more knowledgeable and specialized in a particular topic area, the greater the likelihood there will be conflicts that some clients won’t be willing to waive. Sometimes the decision to sign a waiver or not relates to public perception. For example, a non-smoking coalition may not want to be on the same client list as a tobacco manufacturer, regardless of the anticipated legal work. Conflicts in firms are inevitable. Usually, they are amicably worked out among the parties involved. Over time, the lawyer may decide that in order for his or her law practice to grow, s/he needs to be in firm with less client conflicts.
If the lawyer does leave the firm, clients must actively select to go with the lawyer. Otherwise, the firm assigns a new attorney to the client's work. In order to go with the departing attorney, the client writes a letter to the existing firm stating its decision and requesting delivery of their files to the new lawyer within a certain timeframe.
As always, if you have questions, talk to your lawyer about it.
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