The Professional Ethics Committee for the State Bar of Texas is accepting public comments on the following proposed ethics opinions:

Proposed Opinion 2023-5 (comment deadline (1/26/24): Through an employment agreement between a law firm and its lawyers:

  1. May the law firm impose a minimum departure notice period for lawyers who wish to depart the law firm?
  2. May the law firm prohibit a departing lawyer from accessing and copying client information and files?
  3. May the law firm prohibit a departing lawyer from notifying clients of the impending departure?
  4. May the law firm prevent a lawyer from soliciting the law firm’s clients after the lawyer has departed from the firm?

Proposed Opinion 2023-6 (comment deadline (1/26/24): With respect to a lawyer who has departed a firm:

  1. Must the lawyer enter into a new legal services agreement with clients who followed the departed lawyer to a new firm, or may the lawyer rely on the former law firm’s legal services agreement as continuing to serve as the contract with those clients?
  2. What disclosure obligations does that lawyer have in advising clients who propose to follow the lawyer to the new practice regarding the clients’ financial obligations under the prior firm’s legal services agreement?

Go here to read the proposed opinions and provide comments.