Few moments test the professionalism of lawyers and law firms more than a lawyer’s departure. While the North Carolina Rules of Professional Conduct — and recent ethics opinions like 2025 FEO 1 and 2021 FEO 6 — provide clear direction on what lawyers must do when a departure occurs, professionalism asks a bigger question: what should law firms and departing lawyers do to serve clients, colleagues, and the public during this transition? As a lawyer who has helped lawyers and law firms deal with departures, there are best practices that firms and lawyers should consider.

The ethics rules set the essential guardrails. They require timely notice to affected clients, respect for client choice, accurate communication about the departure and careful management of the departing lawyer’s former email account. For example, North Carolina Formal Ethics Opinion 2021 FEO 6 — titled “Departing Lawyer’s Email Account” — explains that when a lawyer leaves a firm, the firm must put an automatic “out-of-office” reply on the departing lawyer’s email. The firm must monitor the old email account while it remains active, so it can ensure that client communications are properly handled. The email account should remain active for a “reasonable” period, typically about three months. Recent Formal Ethics Opinion 2025 FEO 1 addresses client notice and explains that when a lawyer leaves a firm, both the departing lawyer and the firm have a duty to promptly notify all clients whose matters are affected. The departure is considered material information under Rules 1.3 and 1.4. Ideally, the notice is joint, but if the parties cannot agree, each may send a separate notice so long as neither obstructs the other. The notice must be timely and must give clients enough information to make an informed decision about ongoing representation.

The ethics rules and opinions are designed to ensure that no client is left confused, unrepresented, or caught between the departing lawyer and the law firm. But the rules should be a floor rather than a ceiling (or the “roof” for the Tar Heel fans). The ethics rules define the minimum conduct necessary to avoid harming clients — not the aspirational behavior that reflects the ideals of the profession. Professionalism calls on lawyers and firms to exceed that minimum. A departure handled with collaboration, civility, and transparency demonstrates that client interests are not bargaining chips but guiding principles. Joint client notices, shared transition plans, and open communication reduce stress on clients and avoid the unseemly scramble that can accompany departures. When the departing lawyer and the firm work together, they model the values the public should expect from our profession: honesty, cooperation, respect, and client-centered judgment.

Such professionalism isn’t merely altruistic. It strengthens the reputations of both the lawyer and the firm. Clients observe not just the quality of the legal work they receive but also how lawyers treat one another. A departure marked by respect leaves clients with confidence in the departing lawyer, trust in the original firm, and reassurance that the legal profession takes its obligations seriously. Likewise, for the broader public, these transitions become opportunities to reinforce the profession’s commitment to integrity and service. It also maintains a bridge between the firm and the departing attorney. In my experience, collaborative departures turn into client referrals and other positive business developments.

The way lawyers handle departures matters. It offers a chance to show that the rules are not the limit of our responsibilities but the foundation upon which we build a culture of professionalism. When lawyers and firms choose to go beyond what is required — to communicate openly, to put client interests first, and to treat one another with dignity they not only meet their ethical obligations. They also strengthen their institutions, support their colleagues and elevate the legal profession as a whole.

January 7, 2026/by professionalismcommittee