Tip of the Month

Tip for July 2013

Avoiding Liability for Cases Taken by Attorney Departing from Your Firm

When a lawyer leaves your firm and takes to the lawyer's new firm one or more client matters pending before a tribunal, take appropriate actions to avoid liability for any malpractice committed by the departing lawyer after he left the firm. confirm that the client has been contacted and informed that your firm is no longer representing the client in that matter. Confirm that a substitution of counsel is filed with the tribunal, reflecting for the record that your firm has withdrawn and the departing lawyer's new firm has appeared. Failure to take these steps could create an issue of fact as to whether the firm was no longer representing the client when an alleged error has occurred.