Plaintiff PI associate in NY. I am accepting an offer today and giving my 2 weeks on Monday when my boss is in the office. Can I start calling my personal clients today and asking them if they will come with me? Any ethical issues with that? Have about 12 cases worth about 2.5mil I'd be taking, I'm confident all would come with me. Will my current firm have a lien on these files? Not sure how this works as this is my first time in this situation

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Yeah it's not as simple as them coming with you. I don't believe you can contact them like that. You can let them know you are leaving and they have the choice. Your firm is also entitled to a portion of the fees, it's an automatic lien. You can work out how much with them.

We had an attorney leave, NY PI firm. We sent a joint letter then they worked out the fees. Pretty sure you telling them to go with you and contacting them like that is a no no.

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I did this just last year. I’m in Delaware so the rules may be a little different. Both the firm and I did a joint letter to my clients telling them I was leaving and they had the option to come with me or stay with the current firm. For the ones that came with me, I had to give my old firm a “referral fee” (1/3 of my total fee) since I had done work on the case while at the old firm. My new firm also paid the costs my old firm paid out.

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I just did this in December. I have to pay my old firm 1/3 of the attorney’s fee. This percentage must be fairly standard.

Your current firm is likely going to ask for a piece of the fees on the cases you take, and then sue you if you can’t come to an agreement. I’d take the cases but just know there’s at least a 50/50 chance you get sued by your current firm for a piece of the fees. You/your new firm will likely have to reimburse all or a significant percentage of the case costs that your current firm laid out.

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I did this in CA a few years ago. Ethically, the client gets to choose and should be offered the news of your departure (and the choice of counsel - either you, the old firm, or an entirely new attorney) in writing. As the comments have already discussed, your old firm is entitled to a lien on the total fees generated from those case. At least in CA, there is nothing set in stone, but to avoid having to litigate fee liens, we agreed to pay them ~30% of our share of any fee generated on the clients that came with us.

Read Judiciary Law 87. Your firm has an auto lien on the fee. 1/3rd is a standard fee but if the cases are post note of issue they will probably want half. If you cant agree, then a judge decides post trial or settlement. It doesn't effect the clients share so they can still be settled. And you can tell them you are leaving for sure.

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