It is no surprise that, in 2025, it is no longer a priority of young lawyers to start and end their legal career at the same firm. Gone too are the days when lawyers retired from a firm where they practiced for over 20 years. It is not uncommon for a firm to train an associate for 2-3 years only to have that person announce that the grass is greener in another pasture.
Because it does not appear that this will change anytime soon, this article offers guidance on how a firm can find the best fit, and then how both the firm and the lateral hire can make sure they are complying with their ethical requirements before, during and after the transition of the lateral hire to the new firm. Specifically, this article discusses:
Practical Issues to Consider First – Is the lawyer a good fit for your firm?
- Law firm due diligence before reaching out to the potential candidate about first steps
- Additional steps to take before the interview
- Guidance for how to conduct the interview
- Post Interview considerations
The Ethical Considerations and Requirements
- Duty to Address/Resolve Potential Conflicts of Interest
- Notice to the Current Firm
- Communications to Clients regarding the Departing Attorney
- What File Materials Can the Lateral Hire bring to the New Firm?
- Ethics Screens
- Fees and Fee Agreements
- Other Considerations, such as the departing lawyer’s fiduciary duties
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