Can someone talk to me about lateraling as a partner? I have the opportunity to lateral to another firm. Is it the same two weeks notice I would have had as an associate? Longer/more complicated because of the partnership situation?

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First, read your partnership agreement. If that doesn’t govern, as it didn’t for me when I lateraled, almost all my work was for my clients and I knew my former partners wouldn’t make a play for them. I gave 3 days notice. I used the days to pack up and transition the few matters that weren’t my clients to others. There was no reason to prolong it. My former partners were fine. If most of your work is for others, then I think you may need more transition time. Note: I was leaving a small firm for a mid-size firm.

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Two weeks should suffice regardless of the partnership agreement because an unreasonable constraint is against public policy and therefore unenforceable. See ABA Formal Opinion 489 from December 2019. https://www.americanbar.org/content/dam/aba/administrative/news/2019/12/aba_formal_opinion_489.pdf

My old firm, one of the largest in the world, threatened me in 2020 with a severe financial penalty if I did not give 60 days notice pursuant a firm document. I cited the ABA opinion and case law cited in it and told the firm I would sue it and report it to relevant bar associations. The firm blinked and I simply served two weeks notice.

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Get your ducks in a row before giving notice - transition memo for cases you’re leaving, making a copy of contact info you want to take with you, organizing your files, etc. I gave less than 2 weeks and it was fine bc I wasn’t leaving my colleagues hanging and I was able to efficiently and quickly transition all my cases that I was leaving.

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Agree with others on reading your partnership agreement first. Mine required 90 day notice and they could waive part of it at their discretion. I’m confident that isn’t enforceable but I also wanted to leave on good terms. They ultimately shortened it to 30 days which felt like forever given the awkwardness!

All of the above comments are spot on. While it is important not to burn any bridges on the way out the door, it is critical that you have a plan at least in your mind and a timetable. The partnership agreement is a good starting point, even if arguably unenforceable. Too short of a notice like 3 days could sully your reputation or subject you to snarky remarks by your former colleagues, and 30 days’ notice, while respectable, will surely draw out the worst in people no matter how amicable the situation.

If your departure is based on any falling out of sorts, I would recommend 5 days notice absent a compelling obligation elsewhere.

Otherwise, two weeks would be gracious.

Either way, be ready to hit the ground running at your new gig.

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