In today's legal environment, it has become extremely unlikely that an attorney will stay at a single law firm throughout her entire career. Instead, attorneys now frequently change firms in search of better opportunities or better fits. This is especially true for associates, who may change firms multiple times early in their career before they find the right home.

While there are perhaps fewer issues and potential ethical complications when an associate changes firms (as compared to partners), there are still some restrictions that may apply. For example, even a seemingly innocent conversation from an associate to a client regarding the associate's departure could be perceived as an improper solicitation of a firm client. Typically, associates owe a fiduciary duty to their current firm up until their actual departure.

Further, in departing a firm, most associates will take care not to copy or take client files without prior authorization by the client. Unless the client directs otherwise, their files will usually remain under the control and custody of the law firm. An attorney taking files without prior authorization risks not only breaching their fiduciary duty to their current law firm, but also may violate the duty of confidentiality owed to the client by taking confidential information to another law firm without the client's informed consent. See California Rules of Professional Conduct, Rule 3-100(A).

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Go To Lexis →

Not a Lexis Subscriber?
Subscribe Now

Go To Bloomberg Law →

Not a Bloomberg Law Subscriber?
Subscribe Now

NOT FOR REPRINT