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MARYLAND STATE BAR ASSOCIATION, INC.
COMMITTEE ON ETHICS
ETHICS DOCKET NO. 1988-86
Attorneys: Associate’s Obligation to Client upon Leaving Law Firm.
In your inquiry, you state that you have recently resigned from a position as an associate attorney with a Baltimore City law firm in order to assume a new position as an associate with a law firm in _________ County. You indicate that you are the responsible attorney for various matters and clients that you have brought to your former firm, as well as the responsible attorney on matters handled for clients which you concede are clients of your former firm. You seek guidance from the Committee on who has the obligation to notify the clients of your departure, what the clients should be told regarding their rights, and whether any particular time frame applies to the notification of clients.
The Committee on Ethics has previously considered a very similar inquiry in Ethics Docket 83-59. In a fairly lengthy opinion, the Committee reviewed a number of the authorities and precedents applicable to the issues you raise. Because this opinion appears to be responsive to at least two of your questions, we attach a copy of it to this opinion for your information.
The only caveat which we add arises from the fact that Ethics Docket 83-59 was decided when the Code of Professional Responsibility set forth the prevailing ethical standards governing attorneys in Maryland, whereas your inquiry must be judged under the Maryland Rules of Professional Conduct which became effective January 1, 1987. The present standards applicable to withdrawal from representation are contained in Rule 1.16(d), which provides as follows:
Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interest, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advanced payment of fee that has not been earned. The lawyer may retain papers relating to the client to the extent permitted by other law.
We have reviewed the authorities upon which we relied in reaching our conclusion in Ethics Docket 83-59 in light of the adoption of the Maryland Rules of Professional Conduct. We find the reasoning contained in our prior opinion still to be compelling, and cannot conclude that anything in the Rules requires a modification of our prior conclusions.
We only add that with regard to your last question - whether any specific time frame applies to the notification furnished to clients - Rule 1.16(d) states that reasonable notice should be given to the client. Whether notice in any particular instance is reasonable presents a legal and factual question upon which the Committee cannot opine.
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