What must a lawyer do when selling their law practice?

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When a lawyer sells their law practice, it is essential to provide written notice to clients and obtain their consent. This requirement stems from the ethical obligations lawyers have regarding client confidentiality, informed consent, and the continuity of legal representation.

Client consent is critical because clients have the right to decide who will handle their legal matters, which includes the right to consent to the transfer of their files and case handling from one lawyer to another. Without notifying clients and obtaining their consent, the lawyer risks breaching confidentiality and undermining the trust inherent in the attorney-client relationship. This process ensures that clients are fully informed about the situation and allows them the opportunity to either consent to the transfer or choose to seek new counsel if they prefer not to continue with the new lawyer or firm.

In contrast, simply notifying clients only if they ask about the sale does not fulfill the obligation for proactive communication required in such situations. Similarly, ensuring clients know they must choose new counsel does not encompass the need for consent regarding the transfer of their legal representation. Selling the practice without informing clients completely disregards their rights and is contrary to ethical standards, likely leading to serious professional ramifications for the lawyer involved.

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