ISBA Ethics Opinions on Law Firm Partnership and Employment Agreements

Opinion 23-02 | Division of Fees | Law Firm Partnership and Employment Agreements | Restrictions on a Lawyer’s Practice
Shareholder agreement requiring departing lawyer’s new firm to pay former firm portion of fees earned from former firm clients

Under Rule 1.5(e), a law firm may agree to share fees with a retired partner as part of a retirement agreement. However, Rules 1.5(e) and 5.6 bar the firm from requiring that a lawyer or the lawyer’s new firm continue to share fees with the retired partner after the lawyer has left the firm.
Opinion 12-14 | Advertising and Solicitation | Communication With Client | Law Firm Partnership and Employment Agreements | Law Firms
Duties and obligations of departing law firm associate

After departure, an associate who has left a law firm may contact clients of the firm with whom he had an attorney-client relationship. The Rules of Professional Conduct do not preclude him from informing such clients that he has departed and that they have the right to continue with the firm or transfer the file to him.
Opinion 97-09 | Law Firm Partnership and Employment Agreements | Restrictions on a Lawyer’s Practice
Non-compete provision of partnership agreement

Law firm partnership agreement that provides that former partners who compete after withdrawal forfeit a portion of the departure compensation violates the Illinois Rules of Professional Conduct.
Opinion 93-13 | Law Firm Partnership and Employment Agreements | Restrictions on a Lawyer’s Practice
Firm employment agreement requiring execution of promissory note as guarantee lawyer shall not compete with firm after termination of relationship
Opinion 91-12 | Law Firm Partnership and Employment Agreements | Restrictions on a Lawyer’s Practice
Employment agreement prohibiting solicitation of former firm clients
Opinion 86-16 | Communication With Client | Law Firm Partnership and Employment Agreements | Law Firms
Departing firm associate communications with client and entitlement to fees
Opinion 84-15 | Law Firm Partnership and Employment Agreements
Lawyer employment agreement requiring departing lawyer to share fees earned from former clients
Opinion 725 | Law Firm Partnership and Employment Agreements
Contribution toward physical assets of firm upon election to partnership

ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the opinions express the ISBA interpretation of the Illinois Rules of Professional Conduct and other relevant materials in response to a specific hypothesized fact situation, they do not have the weight of law and should not be relied upon as a substitute for individual legal advice. For more information, call the ISBA Legal Department at (217) 525-1760 or (800) 252-8908.