Transition Partner Procedures

Before Departing Lawyer's Meeting with EP [Executive Partner for a specific office]

1.Identify the client matters being handled by the departing lawyer and determine the status of the files:

  1. Review accounting report listing matters for which the departing lawyer is billing or responsible partner.
  1. Review accounting time entry report for the departing lawyer to identify matters assigned to departing lawyer by other billing/responsible partners. Determine billing partners on those matters. For assistance in identifying billing lawyers, consult Lawyers' Desktop or call New Matters.
  1. Review accounting report of A/R and unbilled time. Identify matters with A/R over 60 days in excess of $15,000 or unbilled time over 90 days in excess of $15,000.
  2. Contact Accounting to determine whether departing lawyer owes money to the firm.
  3. Draft separation agreement, which may be in the form of a letter agreement. An exemplary letter agreement is attached.
  1. Contact business manager to determine if departing lawyer's secretary will also be leaving the firm. If so, work with business manager to ensure that staff is available with knowledge about the location of files and client information.
  1. Confirm with EP schedule for meeting with departing lawyer.

After Departing Lawyer's Meeting with EP:

  1. Contact departing lawyer after interview and schedule meeting to discuss status of matters and transition of files.
  1. After the departing lawyer's meeting with EP, contact other partners involved in the departing lawyer's matters (e.g., billing partner, client relationship partner, assigning partner, or responsible partner), and discuss with them the status, likely retention, and reassignment of the matter. Form memo is attached. If appropriate, have relationship or billing partner contact client to discuss forthcoming letter and retention of matter. If a departing associate has primary responsibility for matter, identify a partner in the practice area or PAL to assist in retention discussions.
  1. Investigate reasons for accumulation of large amounts of A/R or unbilled time. ContactLoss Prevention Partnerto discuss whether retaining liens are available in your jurisdiction and the assertion of retaining liens for matters with A/R or unbilled time in excess of $15,000. If appropriate, contact client to discuss bringing payments current. If these matters are subject to special fee arrangements, contact Loss Prevention Partner to discuss fee splitting issues.
  1. Identify any matters requiring client work by departing lawyer during transition period.
  1. Send letter to clients notifying them of lawyer's departure. Form letter is attached. Track responses from clients using attached chart.
  1. For Active Files Remaining at the Firm:
  • Identify new responsible and billing attorneys;
  • Transfer files to new responsible lawyer; confirm assumption of responsibility;
  • Send memos to New Matters designating new billing/responsible partners.

For Matters Being Closed as Completed:

  • Review file to confirm matter is concluded;
  • Index file and prepare file closing memo and send file closing memos to New Matters;
  • Address any outstanding billing issues.

For Matters Transferring to Departing Lawyer or Other Firm:

  • Transfer files and note the date of transfer on the attached chart;
  • Prepare joint motions (if applicable) for substitution of counsel; follow up on securing withdrawal orders from court;
  • Resolve final billing issues, including processing of final bills and application or refund of retainers;
  • Index files of copies retained by the Firm; prepare file closing memos and send file closing memos to New Matters.
  1. Prepare schedules for the separation agreement outlining disposition of each client matter.
  1. Schedule 1 – Matters closed as completed;
  2. Schedule 2 – Matters transferring to departing lawyer or other firm;
  3. Schedule 3 – Matters remaining at the Firm;
  4. Schedule 4 -- Matters for which the firm has not yet received directions from the client regarding disposition of the file;
  1. Schedule 5 – Matters with fee splitting arrangements.
  2. Schedule 6 – Certifications
  1. Work with departing lawyer to approve and download documents and information for retention by departing lawyer (public form file documents; contact list; personal e-mail files; etc…). The firm cannot release confidential information relating to client files that are remaining at the Firm. Confirm that departing lawyer is not taking confidential documents, information, or firm property.
  1. Confirm resolution of all outstanding transition issues as of the lawyer’s departure date. Retrieve from departing lawyer all keys, access cards, parking cards, etc.

After Departure of Lawyer

  1. Instruct mailroom staff to deliver departing lawyer's mail to transition partner. Open daily all mail addressed to the departing lawyer and received after departure, except mail marked personal or confidential. Forward mail daily, or as appropriate,to the departing lawyer or other lawyer assuming responsibility for the file consistent with client instructions. Review the mail each day to ensure that deadline issues are being addressed. Field emails and phone calls to departing lawyer.
  1. Complete transition of files on Schedule 4 to Exhibit B to the Separation and Purchase Agreement(or similar schedule on associate or senior counsel release) as instructed by clients.
  1. Follow up on remaining billing issues.
  1. Ensure that all substitution of counsel orders are received and all files are closed.
  1. Confirm to EP that transition process is complete.

PRMS #24C - transition partner procedures - Law Firm 1