Notice Anything? How to Handle Law Firm Notice Provisions for Departing Partners

Navigating notice provisions in a law firm partnership agreement is one of the thorniest parts of managing any partner or group departure. How a lawyer handles notice to their law firm can lead to dramatically different outcomes for their clients and themselves. For law firms, managing partners should design and enforce their notice provisions to best protect the firm while placing clients’ interests and ethical duties first. What is required? What is reasonable? What is best for clients?

Rule #1: Understand Your Notice Provision

Notice provisions in law firm partnership agreements typically dictate how much time in advance of their departure a withdrawing partner must advise the firm that they intend to leave, before actually leaving. Of course, many notice provisions have unique conditions or trigger other obligations, making analyzing how best to handle notice tricky.    

It should go without saying (but still, we must say it) that partners and groups planning to depart should analyze their notice provision before, well, actually giving notice to the law firm. It is never a great strategy to rush to “start the clock” on notice, with no real plan in place, only to feel like you have to wait for the firm to tell you what to do and when you can leave. Besides, this is unlikely to result in a great outcome for you or your clients.

Before giving notice, you should first understand your notice provisions, including the ethical and contractual obligations that it implicates for you, your law firm, and the clients you serve.

Some threshold questions to consider are: 

• Do you have a notice period? How long is it (30, 60, 90, 120 days)?
• Is that a reasonable period to transition your practice and clients? What do the ethics rules and opinions say? What does your partnership agreement say?
• What timing best serves client and team interests? Are there approaching deadlines that require you to stay longer or leave sooner?
• Are there economic or other consequences for breaching your law firm notice provision? 
• Does the notice provision trigger other obligations or provisions in your law firm partnership agreement?
• For groups, do all members of the groups have the same notice provisions, and how should this be managed to protect clients best?

Rule #2: Develop a Strategy for Handling Notice

Once you understand your notice provision – not just as a stand-alone provision – but in the context of your ethical, legal, and contractual obligations to your firm and your duties to your clients – you should develop a comprehensive strategy to address and manage it with your law firm.

You want to carefully consider how you will approach notice with your firm, both in writing and through discussions, and equally as important, what you will do after you provide notice to your firm. How you navigate this period may depend on a variety of factors, including how the firm responds to your departure news and when clients will make decisions about representation moving forward. You should have a plan for keeping things on track and be flexible to firm and client demands.

Having a plan for navigating your notice and notice period will substantially increase the likelihood of a positive outcome for your departure. We can help with that—it’s what we do.

Dena M. Roche
Managing Partner
O’Rielly & Roche LLP
dena@oriellyroche.com