Leaving my firm to go solo. How do I ethically take some of my clients to my new firm? I am only wanting to take my personal referrals.

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Check your state rules but generally you should be fine to take clients with you. The client has the right to choose their attorney.

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Yep just notify them you’re leaving and let them make their own decision. You have every right and maybe even an ethical obligation to notify them that their attorney is no longer at the practice. And you’re much more likely to land the clients at your new firm if you control the narrative.

You should consult with an ethics lawyer in your jurisdiction to make sure you are complying with local rules. In general, the client has the choice to stay, go with you, or get another lawyer. If the split between your old firm is going to be amicable, then a joint letter advising the client of his or her choice should suffice. However, if you anticipate a problem with the split, then consult with the ethics lawyer to get the best method to do it within the ethics rule. You want to make sure you can defend a grievance when the old firm grieves you for taking a firm client.

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You most likely cannot take your firms clients regardless of whether you obtained them. Check your firms policies and employment agreement

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In fl, you can have a non solicitation but also in fl u have to let your client know you are leaving on your current firms letterhead and give them three options: stay come with u or find new counsel

Plaintiff or defense side? Very different strats there.

Plaintiff side, generally you are going to pay a referral fee for any cases you take to the current firm (third of fees). It will also encourage them to refer work to you in the future.

Defense side, you really need to have the conversations with the carrier and clients ahead of time. Because the firm is likely to give you the boot on day 1 of your notice

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Call your states office of professional conduct and they’ll easily know. In my state (OH) I just had to inform my current clients I was leaving and give them the option who they wanted to go with.

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What state? Generally if you’re not a partner you’re good, the clients get to pick their lawyer. I’d give notice to your firm before telling any clients. Depending on your state your communication to them might be a solicitation so you’d have to comply with those additional requirements.

I serve as outside GC to solo/small law firms, if you ever want to chat, DM me.

Assuming you're leaving on good terms, it may make sense to just negotiate an agreement with your firm up front. Since these are cases you referred, you're getting a portion of the fee whether you take the case or not. And, if you take the case your firm is going to be entitled to a percentage for their work. A lot of lawyers who leave to go out on their own end up doing per diem work, work as tenants out of their former firm's offices, or otherwise maintain beneficial business relationships with their former firms, so it's probably in your best interest to leave on as good terms as you can.

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