Attorney Offboarding Checklist

Pin down the last working day in writing. Partnership agreements typically require 60–90 days for equity partners and 2–4 weeks for associates — a verbal date is not enough. The firm administrator records the date in the PMS and HR system so all downstream timing (client letters, malpractice tail, final payroll) can be sequenced from it.

Pull the relevant agreement and flag the departure-specific clauses: capital account return, client origination split on departing matters, non-solicitation language, return-of-property obligations, and any post-departure consulting arrangement. Managing partner reviews any non-compete language against state enforceability (most states limit attorney non-competes under Rule 5.6).

The classification drives the rest of the workflow. Voluntary and retirement departures follow the standard 60-day cadence; involuntary-for-cause departures trigger immediate access lockdown, escorted equipment return, and heightened conflicts review. Document the classification in the personnel file with managing partner sign-off.

For an involuntary-for-cause departure, IT disables PMS, DMS, email, VPN, and remote access immediately — before the attorney is notified. Office manager retrieves keys, badge, and firm-issued devices on the same day. Document the lockdown timestamp; this becomes evidence if the attorney later disputes data exfiltration claims.

Walk through the offboarding plan: matter transition list, client letter timing, fee-split methodology, and equipment return logistics. Capture the attorney's preferred forwarding address, future firm name (if known), and any matters the attorney wants to discuss taking. The signed acknowledgment goes into the personnel file.

Export from the PMS every matter where the departing attorney is responsible attorney, originating attorney, or substantive contributor. Cross-check against time entries from the last 12 months — attorneys often work matters where they aren't formally listed. Flag matters with imminent SOL, hearing dates, or filing deadlines in the next 60 days for priority transition.

Per ABA Formal Opinion 99-414 and Rule 1.4, the letter goes out jointly under the firm's and departing attorney's signatures. It must give clients three real options: stay with the firm, follow the attorney, or choose new counsel. Avoid language steering the client either way — one-sided letters draw bar grievances. Have the managing partner and departing attorney both sign before mailing.

Track responses in the matter list spreadsheet: stay with firm, follow attorney, or new counsel. Clients who don't respond within 14 days get a follow-up call from the firm administrator. Non-responsive clients default to remaining with the firm until they affirmatively direct otherwise — never assume a transfer.

For litigated matters, every client transfer requires a substitution of counsel or motion to withdraw filed in each court of record (state, federal, administrative). Check local rules — some courts require client consent on the substitution form, others require court approval. Missing a substitution leaves the firm on the docket and exposes it to continued service obligations.

Files belong to the client, not the firm or the attorney (Rule 1.16(d)). Transfer the entire matter file — pleadings, correspondence, work product, expert reports — within a reasonable time of the client's written direction. Keep a copy of the file index and the receipt acknowledgment. Do not withhold files over unpaid fees in jurisdictions that prohibit retaining liens on client files.

Run a three-way reconciliation on every matter the attorney touched: book balance, bank balance, and sum of client ledgers. For matters following the attorney, transfer trust funds only on the client's written direction and only after the retainer has fully cleared. Document each transfer with a disbursement letter showing the source and destination IOLTA accounts.

Have the departing attorney finalize all unposted time before the last working day — narrative entries that need editing become much harder to fix once the attorney is gone. Responsible partners review and edit pre-bills per the usual cadence; do not send unedited time to clients on the way out.

Apply the partnership agreement's departure formula — most agreements split contingency fees on a quantum meruit basis or by hours-worked ratio at the time of departure. For hourly matters that follow the attorney, the firm typically retains receivables for work performed pre-departure. Document the methodology; fee disputes between firms are the most common post-departure litigation.

Walk through every open invoice on the attorney's matters with the billing clerk. Decide which receivables to pursue, write down, or transfer with the matter. Reconcile advanced costs (filing fees, expert retainers, transcripts) against the operating account and confirm the client ledger reflects each one before the matter file is closed or transferred.

Get the destination firm name in writing. Even when the attorney is going in-house, retiring, or starting solo practice, document it — the answer drives whether the firm needs to coordinate a Rule 1.10 screening protocol and whether ongoing matters create imputation risk.

If the attorney is joining a firm that may face the firm on existing matters, coordinate a Rule 1.10 screen at the destination — written notice to affected clients, technological access blocks, and an apportionment-of-fees acknowledgment. Most jurisdictions require the screen to be in place from day one of the lateral move; retrofitting it does not cure the conflict.

Mark the attorney as departed in the conflicts system and tag every matter the attorney touched with their departure date. This preserves the imputation history Rule 1.9 / 1.10 requires for future conflicts checks — even a former associate's prior representations can disqualify the firm years later.

On the last working day, IT disables Clio/MyCase/NetDocuments/iManage logins, Microsoft 365, VPN, e-filing portal credentials (PACER, NYSCEF, etc.), and any third-party tools (Westlaw, Lexis, Relativity). Capture a screenshot of the access termination log for the personnel file. Re-enable nothing without managing partner approval.

Set an auto-reply on the departing attorney's mailbox naming the successor attorney and firm contact for at least 6 months. Forward inbound mail to a designated partner — never auto-forward to the departing attorney's new firm address (privilege risk). Most state bars expect this transition to remain visible for a year.

Use the firm's equipment receipt form. IT performs a forensic image of the laptop before wiping — this is the only chance to preserve evidence if a trade-secret or client-solicitation dispute arises later. Confirm the office key, garage fob, and building access card are returned; reprogram any door codes the attorney knew.

The attorney can retain personal correspondence, CLE certificates, and writing samples — but never client documents, even on matters the attorney originated. The firm administrator reviews the export before release. Retain a log of what was released; this protects the firm if a client later alleges file-removal misconduct.

Most state bars require attorneys to update their registered address within 30 days of departure. The firm administrator confirms the attorney has filed; in some states (e.g., NY, IL) the firm itself must also notify the bar that the attorney is no longer affiliated. Missing this leaves the firm appearing to vouch for the attorney's bar standing.

Coordinate with the firm's malpractice carrier on the extended reporting period — claims-made policies stop covering acts after departure unless tail coverage is purchased. For partners, the partnership agreement usually specifies who pays. Get the carrier's written confirmation of the ERP term (typically 3–7 years) and file it with the personnel record.

Pull the attorney's CLE compliance status for the year-of-departure reporting cycle and remove them from the firm's annual IOLTA registration roster. If the attorney was a signatory on the trust account, send the bank a signature-card update the same day access is revoked — leaving a departed attorney as an authorized signer is a Rule 1.15 finding waiting to happen.