Notice of a lawyer’s departure from a firm need not be given to former clients of the departing lawyer or to all clients of the firm. Notice is to be provided to current clients for whom the lawyer has provided “material representation,” for it is those clients for whom the lawyer’s departure occasions a “material change” in the circumstances of the representation. 18 Other ethics advice describes the proper recipients of notice as clients with whom the departing lawyer has had “significant client contact.” 19 Because of the importance of providing clients with notice, it is advisable in a questionable case to err on the side of caution by informing the client. 20
Most lawyers no longer join law firms expecting to stay until retirement. Several times over the course of a legal career, a lawyer may require ethics-based guidance in addressing the thorny issues surrounding a lawyer’s departure from a firm. 2. A departing lawyer and the lawyers remaining at a firm have ethical and legal obligations ...
The notice may be written, personal, or “by some other means,” provided it is “professional in nature and content,” avoids solicitation, and assists the client in exercising its right to choose its counsel. 33
36 Rule 4-1.1 requires competent representation of the client, and Rule 4-1.3 requires that the representation be provided with diligence. Rule 4-5.1 requires partners and other supervisory lawyers in a firm to make reasonable efforts to ensure the firm has polices in place assuring all lawyers within the firm provide competent and diligent representation and comply with all other duties in the Rules of Professional Conduct. The rule further requires lawyers in a firm with direct supervisory authority over another lawyer to make reasonable efforts to ensure the supervised lawyer complies with the rules, and under certain circumstances, a managerial lawyer can be responsible for misconduct of a lawyer under the manager’s supervision. 37
The obligation of a lawyer to be candid and fair with partners, other shareholders, and employers is implicit in Rule 4-8.4 (c), which forbids conduct involving dishonesty, fraud, deceit, or misrepresentation. 56 Partners, shareholders, and employees owe a duty of loyalty to each other while associated in a firm. As the Court warned in Cupples I:
Equally important is a lawyer’s duty of honesty and fair dealing toward other affiliated lawyers.
He claimed I had a case - and I did - but not through his law firm. He does not have professional staff to guide either him or his clients. It is somewhat like having a General Contractor who doesn't have sub-contractors and wants you to find them. After awhile, you'll be asking what he is doing for you.
Peter has been both my corporate and personal attorney for 30 years. He has always been able to analyze and determine what the best legal approach would be for each individual case. You'll never get a canned response from Peter.
I have utilized and consulted with Peter multiple times over the last 25+ years and have found Peter to have consistently gone above and beyond his job to satsify his clients. I have found him reachable and available at any hour for his expert legal advice.
I have had the pleasure of being represented by Peter Hobson for many years. It always surprises me how expertly Peter handles very difficult cases. His ability to observe the situation and immediately suggest an acceptable solution is a true talent of his. I am always impressed.
Helped with set up Corporate partnership. Represented our company in a Labor issue with an employee..#N#Went to court in a simple traffic violation.#N#Represented me in purchase of a home.
Peter has been handling my cases for close to 30 years now. I have Always had a great and positive outcome each time.
Mr. Hobson came recommended but has turned out to be detrimental to my case. He repeatedly lied to me and delayed my case multiple times. He would promise to have everything needed for the upcoming court date then when in front of judge would not do anything and would tell the judge we would have everything at the next hearing.