Law firm associates typically have options with how to grow their careers. Some may leave their firm to go in-house or work for the government, but it has become common for associates to move between firms more than once in their career. Although law firm partners have specific fiduciary, ethical and contractual obligations when they move firms (relating to soliciting clients and soliciting staff, for example), law firm associates also have obligations, including duties to clients and to their firms.

Although lateral movement of associates is common, and disputes over those departures are less common, they do happen. Some litigation has arisen over whether the associates improperly took files, solicited clients or acted contrary to their ethical and legal obligations. Thus, in moving to a new firm, it behooves associates to consider the following issues.

Checking for Conflicts