Employee Offboarding Checklist

Have the departing employee sign a written resignation or termination acknowledgment stating the effective last day. The managing partner countersigns. This anchors every downstream deadline — bar notice, client notice, COBRA, and tail coverage all key off the last day of employment.

Attorney departures trigger ethics, conflicts, IOLTA-signatory, and bar-registration workflows that do not apply to staff. Choose the category before the rest of the checklist runs — several later steps are conditional on this answer.

Run a responsible-attorney report in the PMS (Clio, MyCase, Centerbase, etc.) for every matter where this person is responsible attorney, originating attorney, or assigned timekeeper. Cross-check against the docket for upcoming hearings, statute-of-limitations dates, and discovery deadlines in the next 90 days.

Attach the export so reassignment decisions in the next section reference the same source of truth.

Update the responsible attorney field on every matter and re-run the docket so calendar reminders route to the successor. Don't leave matters orphaned — an unowned matter is how SOL deadlines get missed.

Under Model Rule 1.4 the client — not the firm and not the attorney — chooses representation. If any clients are moving with the departing attorney, a joint notice letter is required and the file-transfer logistics differ. Confirm with the managing partner before answering.

ABA Formal Opinion 99-414 calls for a joint letter from the firm and departing lawyer giving the client three options: stay with the firm, move with the attorney, or transfer to a different firm. Avoid solo solicitation letters — they create grievance risk. Deliver the letter at least five business days before the last day so clients have time to direct their files.

For matters staying with the firm, send each client a letter introducing the successor attorney, confirming the engagement continues under existing fee terms, and providing direct contact information.

The departing timekeeper enters all unposted time before the last day. The responsible attorney edits pre-bills before they go to clients — verbose entries, work-in-process write-downs, and contingency-matter accruals all need a second look while the departing person is still available to answer questions.

File a signature card update with the IOLTA bank effective the last day of employment. Pull the attorney's online-banking access and any pre-signed disbursement authority. Run the three-way reconciliation (book balance, bank balance, sum of client ledgers) before the change so any discrepancy is attributable to the outgoing signatory, not their successor.

Where the departing attorney is moving to a known firm, run an early conflicts check so any Rule 1.9 / 1.10 imputation issues are identified before the move. Document any matters the attorney must be screened from at the new firm and confirm the screening protocol in writing.

File substitutions of counsel or notices of appearance for the successor on every active federal and state case. Update the firm's PACER administrative account and remove the departing attorney's CM/ECF login. State portals (NYSCEF, Texas eFile, One Legal) each require their own update — keep a checklist by jurisdiction.

Schedule the access cutoff for end-of-business on the effective last day, not earlier. Cutting access mid-day strands work product and forces a successor to call IT to recover documents. Disable Clio / MyCase / iManage / NetDocuments, Microsoft 365, VPN, and any third-party tools (Relativity, Everlaw, DocuSign).

Place the mailbox on litigation hold before delegating it to the successor. Do not auto-forward — forwarding can mask attorney-client communications and create privilege headaches. Retain per the firm's records-retention schedule; for closed matters, keep the same minimum (typically 7 years) as the matter file.

The auto-responder names the successor attorney for active matters and provides direct contact for the firm administrator on administrative questions. Run the message for at least 90 days.

Pull Duo / Okta tokens, YubiKeys, RSA fobs, and any cached app passwords. Revoke saved passwords in any password manager (1Password, LastPass) and rotate any shared credentials the departing person had access to.

Firm administrator runs the conversation. Cover continuing confidentiality obligations under Rule 1.6, the firm's non-solicitation provisions, and any retained equity or deferred compensation. Document feedback for the managing partner separately from the personnel file.

State final-pay laws vary — California requires same-day payment on involuntary termination; many states require payment by the next regular payday. Confirm PTO payout policy and any unreimbursed business expenses before cutting the final check.

COBRA election notice must reach the employee within 14 days of the qualifying event. Coordinate with the 401(k) administrator (Fidelity, Vanguard, ADP, etc.) so the rollover packet goes out the same week.

Firm administrator and IT lead jointly sign off after walking the inventory: laptop, monitor, mobile, access cards, keys, firm credit card, parking fob, and any case-specific evidence binders. Photograph any items where condition matters.

Mark the timekeeper inactive (do not delete — historical billing must remain attributable). Confirm no matters still list the departed person as responsible attorney; orphaned matters surface here as a final check.