The American Bar Association Young Lawyers Division

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1 The American Bar Association Young Lawyers Division 2014 Midyear Meeting Chicago, IL Ethically Departing Your Law Firm What Young Lawyers Need to Know (Ethics CLE) Swissotel Zurich C, 1 st Floor, Event Centre Friday, February 7, :15 AM 10:15 AM

2 Ethically Departing Your Law Firm What Young Lawyers Need to Know ABA YLD Meeting Friday, February 7, 2014 from 9:15 AM to 10:15 AM I. Introduction II. Ethical Guidance a. The Model Rules of Professional Conduct (Julia) i. M.R.P.C. 1.4 Communication ii. M.R.P.C Declining or Terminating Representation iii. M.R.P.C. 5.6 Restrictions on the Right to Practice iv. Fiduciary duty of loyalty to Partners of the firm v. M.R.P.C. 1.9 Duties to Former Clients vi. Continuing Duty to Former Clients vii. Trust Account liability b. ABA Formal Opinion (1999) i. Both departing lawyer and law firm have an ethical obligation to inform clients of lawyer s departure c. Disciplinary Cases i. In re Gary Cupples ii. The Florida Bar v. William Henry Winters III. The Young Lawyer Perspective a. Rule #1: Don t fly by the seat of your pants i. Be prepared ii. Have a plan b. Rule #2: Don t burn bridges with employers or clients i. Dealing with Employers 1. Give the employer plenty of notice but 2. Be prepared to leave that day 3. Hope for the best, prepare for the worst 4. Give a little, get a little c. Clients & Retention i. Options discuss with your boss FIRST; then relay options to client ii. Letters & calls to clients nothing worse than failure to announce d. Opening a practice?

3 i. Create a business plan ii. Create a marketing plan iii. Networking iv. Get involved! Join local bar associations IV. Risk Management Guidance a. Create a Plan of Action i. Notice to Your Firm of Your Decision 1. Do not discuss plans with clients before telling firm of decision to leave 2. Avoid misleading the firm 3. Avoid misuse, destruction, removal of firm s property or confidential information ii. Notice to Your Clients- Fiduciary Duty to keep clients reasonably informed 1. When the departure will occur; 2. Where the departing attorney is going; 3. Avoid making disparaging remarks 4. Firm may not withhold departing lawyer s contact information V. Questions iii. The Client s Right to Choose 1. Client should be informed of her three options: a. If the option exists, hire the departing lawyer b. Remain with the current firm c. Hire a new lawyer iv. The Client File 1. Client s File Belongs to Client a. Client may direct firm where to send file b. Obtain consent, confirmed in writing, prior to transfer 2. Taking Files a. Client files and property must be retained or transferred in accordance with client s requests. VI. Conclusion

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43 Emily E. Kiser Associate ST. LOUIS 7701 Forsyth Boulevard Suite 500 Clayton, MO T: F: Assistant Jeanne Brady PRACTICE AREAS Business Litigation Banking and Creditors' Rights Litigation INDUSTRIES Commercial Litigation Financial Institutions Bankruptcy/Creditors Rights EDUCATION Saint Louis University School of Law, J.D., 2010 University of Florida, B.A. magna cum laude, B.S. cum laude, 2007 Emily Kiser is a litigation attorney whose practice focuses on business litigation, specifically in the areas of commercial, banking and real estate litigation, loan enforcement, bankruptcy and creditors rights, title disputes, and mechanic s liens. Business Litigation. In her representation of businesses, Emily handles all aspects of civil, commercial and real estate litigation matters. This includes all aspects of the case, from inception, to fact gathering, to completion. Her representation of her clients is founded on the ideas of superior service and the best possible results. Financial Institutions. Emily represents financial institutions, protecting and enforcing their rights through litigation of breach of contract actions, asset protection and other matters involving real estate and loan collateral. Bankruptcy. Emily assists clients who find themselves as creditors of bankruptcies filed throughout the country. As creditor counsel, she strives to increase creditors returns on troubled loans and to help creditors maximize the value of their collateral. Prior to her joining Lathrop and Gage, Emily served as a congressional intern in the U.S. House of Representatives, as a communications intern for a non-profit organization, and as both a teaching assistant and faculty fellow at Saint Louis University and its School of Law, respectively.

44 Court Memberships Missouri Illinois U.S. District Court for the Eastern District of Missouri U.S. District Court for the Southern District of Illinois Honors Saint Louis University Law Journal National Trial Advocacy Competition Team Leadership Clayton, Class Professional Affiliations The Missouri Bar Illinois State Bar Association Bar Association of Metropolitan St. Louis, Young Lawyer Division Professional Women s Alliance St. Louis County Court Appointed Special Advocate (CASA) Girls on the Run, junior board member Young Friends of St. Louis Children s Hospital University of Florida Young Alumni Association

45 Julia Porter has worked for the D.C. Office of Bar Counsel since Her current title is Senior Assistant Bar Counsel and her responsibilities include investigating and prosecuting lawyers for ethical misconduct. Julia is also an adjunct professor at Georgetown University Law School where she teaches legal ethics and she serves on the ABA Committee on Client Protection

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