Professional Documents
Culture Documents
Problem Area 5
(2) Choice of a Firm Name
Rule 3.02 of the Code of Professional Responsibility which states that in the choice of a firm name,
no false, misleading or assumed name shall be used.
No name not belonging to any of the partners or
(People v. Gonzalez, Jr. G.R. No. 139542. June 10, 2003)
D. Files
E. Phones
Rule 21.04. A lawyer may disclose the affairs of a client of the firm to partners or associates thereof
unless prohibited by the client.
(15) Separate letters may be sent by the lawyer (or the firm) to clients with whom the departing
lawyer had substantial personal contact as long as:
1. The letters do not disparage the firm or lawyer; and
2. The letters for not involve improper solicitation.
In contingent fee cases where some or much of the work was performed at the existing firm, but
the case is going with the departed lawyer, the firm and lawyer must agree how the contingent
fee will be apportioned among them, based upon their respective contributions to the case (i.e.,
quantum meruit) or based upon terms in the partnership agreement.
(18) But can a departing lawyer keep all of the contingent fee case that came into the old firm but
ultimately settled when the lawyer was at a new firm?
Probably not, according to several cases.
A lawyer may be entitled to only his partnership portion of the fees earned on a case, even if he
performed most of the work after the dissolution of the firm.
Nevertheless, some courts will find that when a lawyer leaves a firm and takes a case with him, he
may be entitled to the quantum meruit value of the work he performed.
(19) Clients interest not be prejudiced when the attorney-client relationship is terminated
Do not hold client files hostage, even if the client that is leaving with the lawyer owes the current
firm money.
Model Rule 1.16(d) requires that the clients interests not be prejudiced when the attorney-client
relationship is terminated. Have the client or a runner from the departed lawyers new firm sign for
the file, if it is going to the new firm.
Also, it is appropriate to request in a litigation matter that the departed lawyer file a substitution
with the court, to assure that the old firm is still not listed as counsel of record.
(21) Phones
It is ethically inappropriate to have the receptionist tell callers who are looking for a lawyer who
recently left the firm we dont know who he is. That game is not professional and not acceptable.
Assume that all staff are instructed to provide the departed lawyers phone number and mailing
address.
Also, assign a partner to answer any client inquiries.
Moreover, mail should be forwarded to the departed lawyer.
(22) Partners and Associates Leaving Must Abide By Fiduciary Duties to Firm
It is worth noting again that lawyers who are leaving a firm have certain fiduciary duties to the firm to
not interfere with the contracts that the firm has with existing clients, to not use firm resources to set
up their new firm, and to not attempt to steal away associates and staff while the lawyers are still
working for the firm. - Lynda C. Shely
(23) A lawyer whose spouse is associated with a firm representing an opposing party
[T]he lawyer should advise the client of all circumstances that might cause one to question the
undivided loyalty of the law firm and let the client make the decision as to its employment. If the client
prefers not to employ a law firm containing a lawyer whose spouse is associated with a firm representing
an opposing party, that decision should be respected.
(24) WON the firm Velasquez, Rodriguez, Respicio, Ramos, Nidea, and Prado may call itself A Law
Firm of St. Thomas More and Associate Members.
It implies that St. Thomas More is a Law Firm when in fact it is not. It would also convey to the public the
impression that the lawyers are members of the law firm which does not exist. To the public, it would
seem that the purpose or intention of adding The Law Firm of St. Thomas More and Associates
Members is to bask in the name of a Saint, although that may not really, be the purpose or intention of
the lawyers. The appellation only tends to confuse the public and in a way demean both the saints and
the legal profession whose members must depend on their own name and record and merit and not on
the name/glory of other persons living or dead (People v. Gonzalez, Jr. G.R. No. 139542. June 10, 2003).
Confidentiality
Problem Area 6