Advice Decision-Making Assistant (ADMA)

The following are resources that may be helpful in answering your enquiry. Please familiarize yourself with them before moving on.

Key Resources

Code - The  departing lawyer’s  and the  law firm’s duties to notify clients and obligations with respect to transitioning files and property are discussed in:  BC Code rule 3.7-1 commentaries [4] through [10].

Code - Manner of withdrawal: BC Code rule 3.7-8, 3.7-9.

Code - Limited disclosure of information to detect and resolve conflicts: BC Code Rule 3.3-7 commentaries [1] to [6]

Practice Resource - The summer 2017 Benchers’ Bulletin offers guidance on Ethical Considerations When a Lawyer Leaves a Firm.

Practice Resource - Overview of obligations and practical tips through the lens of employment law and the COVID-19 pandemic: The departing lawyer in the age of Covid-19 - Ethical, legal and practical guidance (Practice, Summer 2020 Bencher's Bulletin).

Practice Resource - Model letters for a lawyer leaving a firm: Precedent letters when lawyer leaves a firm.

Additional Reading

Practice Resource - Asserting a file retention lien or charging order: Solicitors’ Liens and Charging Orders - Your Fees and Your Clients.

Practice Resource - Determining who owns what on a client’s file: Ownership of Documents in a Client’s File.

Practice Resource - Determining what to keep and for how long: Closed Files: Retention and Disposition, Closing a file: What documents to keep and for how long (Winter 2017 Benchers' Bulletin).

Practice Resource - Navigating winding down a law firm or legal practice: Winding Up a Practice: A Checklist.