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Article
The Ethical Issues of Lateral Moves: Whether, When and How to Notify Clients of A Lawyer's Resignation
New York State Bar Journal (2011)
  • Barry R. Temkin, New York Law School
Abstract

This article discusses the ethical issues confronted by lawyers who contemplate lateral moves to other firms, under what circumstances they may notify existing clients, and when that notification crosses the line to improper solicitation. The article addresses the interesting overlap between ethics rules, which require a departing lawyer to notify existing clients of a planned move, and tort principles, which could, under some circumstances, render a lawyer liable for breach of fiduciary duty for engaging in the same or similar conduct.

Keywords
  • Ethics,
  • Lateral Moves,
  • Professional Liability,
  • Law Firms,
  • Law Partners,
  • Fiduciary Duty
Publication Date
March, 2011
Citation Information
Barry R. Temkin. "The Ethical Issues of Lateral Moves: Whether, When and How to Notify Clients of A Lawyer's Resignation" New York State Bar Journal (2011)
Available at: http://works.bepress.com/barry_temkin/30/