The Ethical Issues of Lateral Moves: Whether, When and How to Notify Clients of a Lawyer's Resignation by Barry R. Temkin, published in the March/April 2011 issue of the New York State Bar Journal

MCWG Partner Barry Temkin has published an article in the New York State Bar Journal titled "The Ethical Issues of Lateral Moves: Whether, When and How to Notify Clients of a Lawyer's Resignation." Mr. Temkin's article discusses the ethical issues confronted by lawyers who contemplate lateral moves to other firms, under what circumstances they may notify existing clients, and when that notification crosses the line to improper solicitation. The article addresses the interesting overlap between ethics rules, which require a departing lawyer to notify existing clients of a planned move, and tort principles, which could, under some circumstances, render a lawyer liable for breach of fiduciary duty for engaging in the same or similar conduct. Please download your copy below.

Reprinted with permission from: New York State Bar Journal, March/April 2011, Vol. 83, No. 3, published by the New York State Bar Asociation, One Elk Street, Albany, NY 12207.