What a lawyer can or cannot do in seeking a new affiliation and how a law firm may respond once they are notified of the lawyer’s intention to do so are critical questions fraught with competing interests that often result in sharp disputes.

In an effort to reduce those disputes and help ensure that client interests are protected in departure situations, on June 30, 2023 the New York City Bar Association issued Formal Opinion 2023-1, which provides detailed and comprehensive guidance with respect to ethical questions that repeatedly arise during the pre-notice and notice periods.

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