When partners depart a law firm, their departure often has profound effects on the business and culture of the partnership. Certain clients and employees often accompany the departing partner to their new firm, changing the day-to-day practice of the former firm. On a fundamental level, the departure also can transform the legal nature of the partnership and its obligations. In some circumstances, the departure results in a dissolution of the partnership, and, in others, the new firm can be deemed to be the successor of the old firm.
Late last year, the Appellate Division, Third Department, issued a decision, Masson v. Wiggins & Masson,1 concerning the departure of a law firm partner and the effect of the departure on the rights and obligations of the existing firm and partner. In this month’s column, we analyze the decision and some of the issues it raises concerning partner departures and the rights and obligations of the remaining firm.
‘Masson v. Wiggins & Masson’
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