How Lawyers Can Resign the Right Way

In 2021 there was talk of “the great resignation” among law firms. Associate attrition had risen to 26% that year, an historical high and up 10% from the year before. But even if 2021 marked what appeared to be a turning point for lawyer tenure, the reality is that attorneys have always shifted law firms. A statistic from 2015 found the average lawyer tenure was 5.4 years, which means attorneys who stick with the profession can go through a lot of firms over decades.

The open secret that lawyers do change firms does not mean your boss will take it well when you resign. Despite the potential discomfort, there are ways to make the transition in a way that serves your professional and personal interests — and preserves your reputation in the industry. Here are some tips to do it right. 

Read Your Employment Contract

Step one of the resignation process is understanding your responsibilities to your firm. If you’ve not recently reviewed your employment contract, pull it out now and read it through. Look closely for a non-compete clause, which restricts your ability to solicit past or present clients of the firm. Even if ethics rules generally forbid such clauses, you might discover you have one. That’s something to think about if you plan to start your own practice and want to bring your current clients with you. 

Your employment contract should also emphasize any present or future obligations to your firm, including confidentiality and disclosure provisions. It might also outline your notice obligations in the event of departure, putting a constraint on when you can leave the firm. 

Understand Your Ethical Obligations

Part of working with a law firm means access to confidential information about the firm, partners, and clients. Before you hand in your resignation, remind yourself of your responsibilities if you leave. You have a duty to communicate your move to your clients, who generally have the option of staying with you or with your old firm. If your clients come with you, the old firm generally has the obligation to release client files to you. 

Get Your Ducks in a Row

Depending on what you plan to do next, you might have to take time to arrange your personal life appropriately. You might have to reflect upon your financial situation, your professional networks, and your overall stability. This can help cushion the transition into a new firm, non-legal work, or a period of uncertainty. 

Time Your Exit

Beyond giving the appropriate notice period, which is typically two weeks unless something else is in your employment contract, you should carefully consider when to leave. There are a few obvious no-nos, like announcing your departure just a few days before a big trial or in the middle of a complex discovery process. Leaving your firm and colleagues in the lurch this way is sure to damage your professional reputation, so it’s best to opt for a less intense time. Consider if there are seasonal slowdowns at your practice, such as during the summer. This is a less strenuous time for transition.

Prepare a Resignation Letter

It is not necessary to write an essay about your time at the firm in your resignation letter. Short, professional, and sweet is the name of the game. Your letter need only be a few sentences, stating simply that you resign effective on a certain date. It’s important to add a few courtesies, like saying you have appreciated the opportunity for professional development and mentorship at the firm. Once you have the letter, print a hard copy and bring it with you to your resignation meeting.

Resign in Person

Although you might not schedule it as a “resignation meeting,” it is important to resign in person. Schedule a time with your immediate supervisor or department head. Keep the conversation polite and to the point. State your intention to resign and express gratitude for time at the firm. There’s no need to provide additional details, especially if you don’t want the person to perceive the meeting as an attempt at a heavy-handed negotiation. You can offer your written resignation letter during the meeting.

Some best practices include not telling colleagues or other members of the management team of your intent to leave until you have resigned in person. You don’t have to resign to more than one person. In fact, it is simply more professional to follow the firm hierarchy and give your notice to the person to whom you report. 

Even if you receive a negative reaction, retain your professionalism and composure. Legal communities are small even in big markets, and leaving on less than the best of terms can lead to conflicts in the future.

Help With the Transition

It is important to work with the person who will take over your files so they are in the loop with all outstanding issues. Brief them in person and prepare them with all relevant information to represent these clients.

You should also adhere to all firm requirements about electronic file access and equipment. There should be specific rules in place about making sure all client information stays secure with the firm. At the same time, do your best to safeguard your personal information that might be on site like your passwords and access codes.

Act Professionally

Regardless of your reasons for leaving the firm, it is critical to maintain a professional demeanor. Do not gossip with colleagues, even those you trust. Offer to remain in contact after your departure and to work together in the future. Expression of displeasure can make your exit messy, and could impact your later career. It’s best to keep up a brave face, follow the rules, and move on. 

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Working in a small firm or solo practice can offer a sense of independence and professional freedom. By working with the marketing team at Martindale-Avvo, you can also build the client base you need. Contact us today to learn more.