In this month's article, I cover another question that I am often asked regarding the lateral partner process. The question that is always asked is, “Do you have a checklist?” My answer is always the same. “Yes, but it is only a starting point because each situation is different and presents unique issues that must be analyzed separately and apart from the checklist.” Below are some of the most critical considerations and practical steps attorneys should keep in mind when contemplating a lateral move.

Q: I’m a partner and have been contemplating a lateral move to another law firm. What should I be thinking about in terms of planning?

A: Transitioning to a new law firm can be an exciting and life-changing event. But, it requires planning. The process can take anywhere from 3 to 6 months or more depending upon each attorney’s particular situation.

Departing attorneys must balance their fiduciary obligations to their clients along with their fiduciary obligations owed to the law firm and partners. To assist with navigating this important and challenging time, below is a list of considerations that laterals should keep in mind when moving from one firm to another. The list is not meant to be exhaustive, but rather a starting point. 

1. Planning and preparation:
   • Review the partnership agreement and all related materials
   • Prepare a list of firms that you may be interested in
   • Engage a recruiter - For more advice on engaging a recruiter, consult my May 16, 2025 article on "Lawyer on the Move: Using a Legal Recruiter" published in The National Law Review.
   • Engage ethics counsel familiar with these issues/obligations
   • Plan and prepare for proper notice to the firm
2. Responsibilities relating to client matters
   • Notify clients of departure using best practices set forth in your specific jurisdiction
   • Determine which matters will be transferred and which matters will be closed
   • File motions to withdraw/substitute/notice of change of firm name and address, etc.
   • Work with the firm regarding file transfer letters
3. Administrative tasks
   1. There are a myriad of administrative tasks that need to be completed during a transition. Moreover, each situation will depend on the specifics of your practice and firm protocol. Oftentimes, a firm will provide the departing attorney with a departure checklist outlining the tasks that must be completed before that individual is released by the firm. These tasks range from completing all your time entries to drafting a transition memorandum, including upcoming deadlines, for each matter that is being restaffed and will remain at the firm after you depart. Specifically, you should:
      • Familiarize yourself with the firm’s departure checklist, if applicable. If the checklist references other firm policies or documents that are not in your possession, ask for a copy so you fully understand each task before you get started.
      • Work with the transition partner assigned by the firm to complete each task in a timely manner.
      • Consult with your counsel to make certain nothing is missed.
4. Responsibilities of withdrawal
   • Consider ethical walls or legal holds for matters being transferred
   • What can and cannot be said to clients regarding your departure, and when can you have these discussions?
   • What can and cannot be said to your colleagues regarding your departure, and when can you have these discussions? Does it depend on whether the colleague is a partner or an associate at your firm?

The checklist set forth above involves complicated fiduciary and ethical issues that need to be analyzed under the rule(s) of the specific jurisdiction(s) in which you practice and hold your license(s). There can be serious consequences if the rules are not followed. The checklist represents only the tip of the iceberg in terms of the issues that need to be navigated during a lateral move.

There are numerous additional issues that also must be considered throughout the transition process. You would be well advised to hire ethics counsel to advise you on the topics noted above and numerous other related issues such as complying with your fiduciary duties, securing your book of business, and handling the return of your capital account, if applicable. Benefits issues may also arise and must be addressed as you transition from one firm to another. 

You are smart to think ahead! Good luck with your potential move, and hopefully, this list will help you to start planning your next steps.