As I have posted previously, I am still a licensed attorney in Indiana and I have several client matters that I am taking care of before I start studying for the Bar Exam and (hopefully) starting a law firm in Minneapolis, Minnesota.
Trying to handle old client matters, like divorce work, can be difficult when you have a firm deadline for moving and starting a law firm. In my case, my wife ends her job as a medical resident in June. I need to start studying for the bar exam in May. We sold our house, so we have to move to a temporary housing location in June. After that, we need to find a new place to live in Minnesota. There is a lot to do before I can start a law practice
In the meantime, I have about six open files right now that are mainly family law work. Several of them should be finished by the end of this month (April). However, I cannot set any matters for trial beyond the middle of May and there is no guarantee that these cases are going to settle. I think they will, but I just don’t know.
So, I have a duty to inform my clients of my situation and that they may want to seek new counsel before I start a law firm. I was on top of things, and I have sent out a letter to all of my clients essentially outlining my situation. This is an important step if you are leaving a firm, starting a law practice, or transferring jurisdictions. We attorneys have an ongoing ethical obligation to our clients – no matter what our situation is.
Before you start and build your law firm, some important things to remember in the letter are:
(1) Tell the client about your impending move
(2) Tell the client they are entitled to new counsel
(3) Recommend to the client that they obtain new counsel if they don’t want to stick with you.
(4) Tell the client they are entitled to their case file with you or your office
(5) Tell the client about important dates and deadlines
(6) Tell the client that they may receive back any retainer funds currently held with you or your office and explain to the client that they are still responsible for any outstanding bills.
(7) Tell the client about how the withdrawing your attorney appearance process works with the court and when you expect the judge to withdraw your appearance upon the filing of your motion.
That pretty much covers it. You can add any other information, but those are the basics. Of course you need to do all of this in writing.
After you have informed your clients of your move, you can then proceed towards moving and hopefully passing the bar exam (or waiving into your jurisdiction) and starting and building your own law firm.