970197 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 970197

Rules: 1.4;1.16(d);Cupples

Client-Lawyer Relationship

Communication

Summary: notice to clients

QUESTION: Attorney is considering terminating the association with Attorney´s current employer. Attorney plans to open a firm or seek employment with another firm. Attorney believes that because Attorney is materially involved in the representation of the firms clients, and many of the clients perceive Attorney to be their attorney, that the clients should be notified of Attorney´s departure. What is Attorney´s obligation to inform clients of the impending change? ANSWER: Attorney has a duty, individually or in cooperation with the firm, to notify the clients whose cases Attorney primarily handled or with whom Attorney had significant contact, that Attorney is leaving the firm. The client should also be informed that they have the option of being represented by Attorney or the firm, (if both are willing and able to do so), or by some other attorney of their choice. The Supreme Court of Missouri addressed this issue in the recent case of In Re Cupples, No. 79063 (Mo.banc 1997).

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

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