The following precedent letters may be used for compliance with rule 3.7-1, commentary 4 to 7 of the Code of Professional Conduct for BC.
1. Letter from departing lawyer
Dear Client:
Re: [Matter]
On [date], I am leaving [or left] ABC law firm to join the law firm of XYZ [or to commence practice as a sole practitioner]. As I am presently the responsible lawyer on the above matter, I am required to inform you that you may retain me (in my new capacity) to continue to represent you in this matter or you may choose to have ABC law firm continue to represent you.
If you wish to retain me to continue in this matter, arrangements to secure your account with ABC law firm will have to be made before the file can be released to me.
Please advise ABC law firm or me in writing of your decision so that continuity in your representation is assured.
Yours very truly,
[name of lawyer]
Instructions
I wish my file to stay with [name of former firm]
I wish my file and trust account balance to be transferred to [name of departing lawyer]
I will retain new counsel and have them contact [name of former firm]
______________________ _____________________
Client signature Date
2. Letter from law firm
Dear Client:
Re: [Matter]
On [date], [departing lawyer] is leaving [or left] our firm to join the law firm of XYZ [or to commence practice as a sole practitioner].
As [departing lawyer] was the responsible lawyer on the above matter, we are required to inform you that you may choose to have [departing lawyer] continue (in his/her new capacity) to represent you in this matter, or you may have our firm continue to represent you, in which case, the file will be handled by [new lawyer].
If you wish to have [departing lawyer] continue to represent you, arrangements to secure your outstanding account with us will have to be made before the file can be released to [departing lawyer].
Please advise us or [departing lawyer] in writing of your decision so that continuity in your representation is assured.
Yours very truly,
ABC Law Firm
Instructions
I wish my file to stay with [name of former firm]
I wish my file and trust account balance to be transferred to [name of departing lawyer]
I will retain new counsel and have them contact [name of former firm]
______________________ _____________________
Client signature Date
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