Daniel O’Rielly, an experienced litigator and trial attorney, advises and counsels California law firms and attorneys on strategic transitions: partner departure law, attorney ethics counsel, and law firm advice and planning. He also handles partnership disputes, litigation, and arbitration.
Mr. O’Rielly represents partners departing a partnership and law firms managing partner departure issues, providing counsel at every stage of the partner departure process.
- Represents law firms in partner or group departures, regarding enforcing partners’ contractual obligations, enforcing restrictions on client or employee solicitation, and protecting the firm’s client relationships and intellectual property. He also represents law firms in acquiring lateral partners, including identifying and resolving potential conflicts of interest and similar issues.
- Counsels departing partners on the contractual, legal, and ethical obligations to firm partnerships and to clients, including analyzing financial rights and obligations, attorney ethics rules and requirements, and practical realities of client transition, leading to a partner transition plan that validates partners’ rights and confirms obligations.
- Represents law firms and individual partners in law firm dissolutions, developing and drafting partnership agreements, setting and documenting law firm compensation systems, and related critical practice management and transition issues.
Mr. O’Rielly represents attorneys, law firms, and legal departments regarding attorney ethics issues, practice management, and compliance.
- Counsels and advises attorneys and law firms on attorney ethics issues, including conflicts of interest, client confidentiality, attorney marketing, client solicitation, fiduciary duties, fee agreements, lawyer-client relationships, client communications, technology and social media ethics.
- Serves as an outside General Counsel to law firms, advising on attorney ethics, compliance, and practice management.
- Leads the Firm’s legal ethics audit team for law firms and legal departments, identifying and implementing best practices, and identifying and resolving potential ethics compliance and practice management issues.
- Publishes the California Attorney Ethics Counsel blog, reporting on recent developments and providing practical analysis of important attorney ethics issues affecting the daily practice of attorneys, law firms, and legal departments.
Mr. O’Rielly counsels California law firms and attorneys on a wide variety of strategic business issues and transitions, including:
- Partnership agreements and firm structure
- Law firm risk management
- Law firm compensation systems
- Law firm start-up planning
- Law firm succession planning
- Law firm dissolutions
Mr. O’Rielly negotiates separation agreements between partners and firms, and litigates partnership disputes when agreement is not possible. He has successfully represented partners and law firms in partnership-related disputes including:
- Breach of contract
- Breach of fiduciary duty
- Breach of covenant of good faith and fair dealing
- Civil conspiracy
- Tortious interference claims
- Unfair competition (California Business & Professions Code §17200)
- Violations of trade secrets
- Fraudulent inducement
- Electronic privacy claims