R 1.17 - Sale of Law Practice Flashcards
Generally, may an attorney sell his private practice?
Yes.
Generally, may an attorney sell a specific field of law from the practice?
Yes.
If an attorney sells his practice or area of the practice, may the attorney open another practice within the same geographical/jurisdiction?
No.
If an attorney sells his practice or area of practice, what must the seller do in respect of his client?
The attorney must give written notice to the clients regarding:
1. the proposed sale;
2. the clients’ right to retain a new counsel or take their file;
3. transfer of the client’s file to the buyer will be consented to if the client does not respond within 90 days;
AND
4. the original fee charged to the client cannot be increase.
What may the seller do if the attorney cannot give notice to the client?
He may seek a court order to get authorization to transfer the file over.
If the attorney-seller’s client decide to go elsewhere with their files, does it result in a violation?
No.
If after the sale of the practice and sometime thereafter circumstances have change, will it be a violation if the attorney returns to private practice?
No.
If the attorney sells his private practice, does prohibit the attorney from seeking employment in public sector?
No.
Is it permissible for an attorney to sell a private practice from one geographical area to move to another geographical area and open another private practice?
Yes.
If an attorney sells an area of practice and stay in the same jurisdiction, may the attorney practice in the same field of law?
No.
