Vol. 76, No. 3, March
2003
Leaving a Law Job Without Leaving a Bad Taste
Here are several tips you can follow to smooth your transition to a
new job, either within or outside the law, and keep from burning
bridges. These are general tips; for information on avoiding ethical
violations, please consult relevant ethics rules and guidelines in your
jurisdiction.
by Hindi Greenberg
Hindi Greenberg
was a business litigator for 10 years before she founded Lawyers in
Transition in San Francisco in 1985. She speaks to and consults
nationally with individual lawyers, law firms, bar associations, and law
schools on alternative career options in and out of law as well as
career satisfaction issues. Her book, The Lawyer's Career Change
Handbook, was recently updated and republished by HarperCollins.
Contact her through her Web site at www.lawyersintransition.com or
at (530) 274-7955.
Have you been thinking about making a job or career change? If so,
you are not alone. A recent American Bar Association study indicated
that at any one time, a large number of lawyers are considering new job
opportunities, either within or outside of the law. But how do you
change your current legal employment for a new law job - or even one
outside the practice of law - without burning any bridges? The following
are some things to consider and do, in order to transition more
smoothly, whether you work for or are a partner in a law firm or work in
a government office, a corporation, or most other legal employment
situations. For ease of explanation in this article, the term "employer"
will apply even if you are a partner in a law firm.
Give as Much Notice as Possible
Give your current employer as much notice as possible so you can tie
up loose ends on your cases. Although there is no prescribed number of
weeks required between the time of giving notice and leaving legal
employment, more time is generally better. This is because it is often
necessary to close up files, finish work on various cases, notify
clients of your departure (if necessary), and insert detailed memos in
files for ongoing cases and then transfer those cases to another
attorney. These procedures all take time, and not only will your
employer appreciate that your files are left in good order, but legal
practice ethics may demand that certain of these steps be taken.
There are only two situations when it may not be in your best
interest to give, for example, a month's notice. One instance may be if
you feel that your employer will "lock you out" if you give notice - if
you think your employer will immediately terminate you and you aren't
ready for that to happen. The second instance is when your new job
requires you to start soon, and you would lose the new opportunity if
you did not comply with that early starting date requirement. However,
even though you may have to begin working elsewhere, you might want to
make an effort to finish up your work with your current employer, either
by working overtime before you leave the job or by offering to come in
for several evenings or weekends even after you start your new job.
Make the Transition Smooth for Employer, Clients
In order to alienate your soon-to-be-former employer and clients as
little as possible, ask them what you can do for them to make the
transition go as smoothly as possible. This may entail briefing other
attorneys in the firm about your cases, finding an outside attorney to
take over a file, contacting clients to advise them of the steps that
will be taken in the transfer of their cases, cultivating and
interviewing your replacement, or any number of other steps helpful to
your current employer. Of course, if you were laid off or fired by your
employer, this step isn't quite as necessary, although it will still
create better relations if you try to help rather than retaliate.
Refer Your Clients to Other Counsel
In almost every state, leaving your clients without proper
representation may provoke disciplinary action - be sure to consult the
ethics rules in your jurisdiction. To avoid this problem, find someone
within your firm or an outside colleague to whom to refer your
client(s), inform your client of the referral, and then confirm that the
new lawyer follows through. This last point is very important if you are
a solo practitioner, since you do not want a later malpractice suit to
claim that you dropped the client or passed the client to counsel who
dropped the ball. And, of course, be sure to document the transfer to
another attorney of your files and your subsequent communication with
your client of that transfer.
Transfer Complete Legal Files
Make sure the legal files you transfer to another attorney are
complete and understandable. You do not want a file you left incomplete
or garbled to come back to haunt you at some later time. So spend some
time ensuring that each file that you transfer is up-to-date, has copies
of all case documents and communications, and has a memorandum from you
summarizing the case, its major issues, and any other items you deem
relevant. Then make copies of the most important documents, plus your
transfer cover sheet and instructions, from each file. Keep these copies
in files in a safe place in your home for the same number of years that
you would keep the files if you had completed the cases yourself.
Know What Kind of Moving Notice to Give Clients
Check with your state bar association and consult the ethics rules in
your jurisdiction to learn what kind of moving notice to previous
clients is permissible - some notices could be construed as unethically
soliciting clients away from your former employer. If you are changing
firms rather than changing careers, you probably want to take your
current clients with you to your new firm. If your current employer or
partners agree to your clients moving with you, then there is no problem
with notifying those clients of your move. However, there are times when
the law firm and the lawyer disagree over ownership of certain clients.
That is when notification becomes sensitive, so be sure you do not do
anything that could subject you to disciplinary action by your bar
association or an interference with business advantage or similar
lawsuit by your former firm.
Do Not Burn Your Bridges
Never badmouth your former employer, no matter how well deserved the
criticism may be - burned bridges rarely can be repaired. If you leave
your firm on good terms, it is always possible for a client referral to
be forthcoming or, at the least, a positive recommendation to a
subsequent employer. On the other hand, if you say bad things about your
former employer to anyone and your comments get back to the employer,
you will have hurt any future opportunity for either referrals or
references. Additionally, prospective employers are wary of negative
comments made in interviews; those comments often backfire and make the
employer suspect that you, rather than your former employer, are the
problem. Plus, the prospective employer might be concerned that you
will, some time in the future, make similar comments about your new
employment, and therefore might pass on offering you a job. Instead of
badmouthing your former employer in an interview, present positive
reasons for why you have decided to pursue a new job. This will give you
an aura of moving forward to a good opportunity rather than running away
from a bad situation.
Be Aware of Possible Conflicts of Interest
Be alert for conflicts of interest for your new employer, caused by
your client relationships or casework for your former employer. If you
are moving to a new law firm (or even opening your own firm), review
each client and case on which you are assigned to work. Identify the
parties, the potential witnesses, the opposing lawyers, and the issues.
You will be a liability rather than an asset to your new employer (and
yourself) if it is discovered that you have a conflict around some issue
or person in a current case because of your work on a former case.
Know Your Malpractice Insurance Coverage
Check whether your old employer's malpractice insurance will cover
you for lawsuits filed by former clients, even several years after
you've left the firm. If it does not, buy a "tail" policy that covers
you for the number of years that any limitation statute would allow
suit. The previous statement is applicable if you are leaving the
practice of law. However, if you remain in practice, ascertain whether
your new malpractice policy covers all of your legal work, even that
work performed before the effective date of the policy, if the lawsuit
is filed during the duration of the policy. Most policies do cover any
lawsuit brought during the effective period of the policy, but always
ask.
Conclusion
Although the foregoing does not cover absolutely every issue and
consideration when leaving a job, if you follow most of the above
points, you should be able to keep on somewhat good terms with your
former employer. And that is always a good thing, since you never know
when you may need to work with your former employer again in some
capacity, ask for a reference, or have some contact in an unrelated
business situation. Even in the biggest cities, legal communities are
like small towns; everyone knows who is doing what and to whom. So make
sure that your treatment of your former employer is perceived by other
lawyers and potential employers as a positive.
Wisconsin
Lawyer