Law Firm Employee Offboarding Checklist

Steps a firm administrator runs when an attorney or staff member leaves the firm — from conflicts screening and matter reassignment through trust-account reconciliation, file transfer, system access revocation, and the exit interview.

Use this workflow
1

Departure Confirmation and Planning

  1. Confirm last working day with the departing employee

    • Get the resignation letter or termination memo into the personnel file. Confirm the final day in writing — voluntary departures vs. terminations have different downstream timing for benefits and bar notice.

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  2. Classify the departure type

    • Attorney departures (especially partners and senior associates) trigger client-notice obligations under Rule 1.4 and potential book-of-business issues. Staff departures are simpler. Pick the path that drives the rest of the workflow.

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  3. Notify the firm administrator and IT

    • Trigger the parallel work streams: IT prepares the access-revocation script, HR opens the benefits-termination file, billing locks WIP review. Keep the notice circle small until the announcement is ready.

2

Client and Matter Transition

  1. Pull the departing attorney's matter list

    • Run the report in Clio, MyCase, NetDocuments, or whatever PMS the firm uses. Capture matter number, responsible attorney, billing attorney, status, next deadline, SOL, and trust balance per matter.

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  2. Calendar all open deadlines and statutes of limitations

    • Re-tickle every SOL, response date, hearing, and discovery deadline to the receiving attorney before access is revoked. A missed SOL on a transitioned matter is automatic malpractice — verify with paper-file note plus docket entry plus calendar invite.

  3. Assign successor counsel for each active matter

    • Managing partner approves reassignments. Run a fresh Rule 1.7 / 1.9 conflict check on the receiving attorney for each matter — the prior attorney's clearance does not transfer.

  4. Send the Rule 1.4 client notice letters

    • Joint notice from the firm and (where appropriate) the departing attorney. Inform clients of the departure, name the successor attorney, and present the three options: stay with the firm, follow the departing attorney, or retain different counsel. Required under most state versions of Rule 1.4 and ABA Formal Op. 99-414.

  5. File substitution-of-counsel notices in litigation matters

    • Where the departing attorney is attorney of record, file a substitution or motion to withdraw with each court. Federal courts via PACER/CM/ECF; state courts via NYSCEF, eFile Texas, etc. Some courts require the client's signed consent.

3

Trust Accounts and Billing

  1. Reconcile IOLTA balances on every transferring matter

    • Three-way reconciliation per matter: book balance, bank balance, client ledger. Rule 1.15 requires no negative client subaccounts; an IOLTA overdraft notice goes straight to disciplinary counsel in most states. Resolve any unfunded retainers before transition.

  2. Capture and review final unbilled time entries

    • Lock the departing employee's WIP after the last working day. Responsible attorney edits the pre-bill — no verbose entries ("discussed strategy") going to clients unedited. Capture realization expectations for any write-downs.

  3. Settle outstanding expense reports and advances

    • Reconcile firm credit card, advanced costs (filing fees, expert fees, transcripts), travel reimbursements, and any draw or salary advances. Net against final paycheck per state wage law.

4

File Custody and Knowledge Transfer

  1. Transfer electronic matter files to successor counsel

    • Reassign matter ownership in the DMS (NetDocuments, iManage, Clio Documents) so privilege and access controls follow. Confirm the receiving attorney can open the matter folders before access is revoked.

  2. Transfer paper files and physical exhibits

    • Walk the departing employee's office: redweld files, deposition exhibits, original signed documents, wills, deeds, executed contracts. Log chain-of-custody for any originals before they move.

  3. Conduct a handover briefing with successor counsel

    • Schedule a working session per high-priority matter. Cover client preferences, opposing-counsel dynamics, settlement posture, outstanding discovery, and undocumented context. Record or take notes — the departing attorney's institutional knowledge walks out the door otherwise.

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  4. Apply records-retention tags to closed sub-files

    • State bar minimums commonly run 5-7 years post-close; estate planning, real estate, and trust-account records run longer. Tag per the firm's retention schedule so destruction dates are correct in the DMS.

5

Systems Access and Equipment

  1. Disable PMS, DMS, and email accounts at end of last day

    • Disable rather than delete on the final day — keeps mailbox and DMS history available for client communications and audit. Set an autoreply pointing to successor counsel. Schedule deletion per retention policy (commonly 30-90 days after disable).

  2. Revoke court e-filing and PACER access

    • Remove from CM/ECF, NYSCEF, eFile Texas, File & ServeXpress, and any state portals where the firm pays per-user fees. Update the firm PACER administrative account.

  3. Collect laptops, mobile devices, and tokens

    • Firm-issued laptop, mobile/MDM-enrolled phone, YubiKey or RSA token, building access card, parking fob, office keys, and any home-office equipment. Wipe and re-image before reissuing.

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  4. Remove from third-party legal platforms

    • Westlaw, Lexis, Bloomberg Law, Fastcase, Relativity, Everlaw, DocuSign, HotDocs, Zoom, Slack, e-signature tools — anywhere the firm pays per-seat. Reclaim the seat before the next billing cycle.

6

Bar, HR, and Exit Interview

  1. Update bar registration and firm directory

    • Remove the attorney from firm letterhead, website bios, Martindale, Avvo, Super Lawyers profiles, and the firm's bar association directory entries. State bar registration update is the departing attorney's obligation, but the firm's listed roster needs to match.

  2. Process final payroll and benefits termination

    • Final paycheck timing varies by state wage law — some require same-day-as-termination. Send COBRA election notice within 14 days. Process 401(k) distribution paperwork, accrued PTO payout, and any partner capital-account return.

  3. Confirm signed non-solicitation and confidentiality acknowledgment

    • Reaffirm Rule 1.6 confidentiality obligations in writing. Note that non-compete covenants against attorneys are unenforceable under Rule 5.6 in most states — non-solicitation of firm staff and confidentiality acknowledgments are what's available.

  4. Conduct the exit interview

    • Firm administrator or HR conducts — not the departing employee's direct supervisor. Cover reasons for departure, supervisor and mentorship feedback, billable-target pressure, technology pain points, DEI experience. Document themes for the partner debrief without attribution.

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