R 1.17 - Sale of Law Practice Flashcards

1
Q

Generally, may an attorney sell his private practice?

A

Yes.

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2
Q

Generally, may an attorney sell a specific field of law from the practice?

A

Yes.

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3
Q

If an attorney sells his practice or area of the practice, may the attorney open another practice within the same geographical/jurisdiction?

A

No.

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4
Q

If an attorney sells his practice or area of practice, what must the seller do in respect of his client?

A

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.

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5
Q

What may the seller do if the attorney cannot give notice to the client?

A

He may seek a court order to get authorization to transfer the file over.

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6
Q

If the attorney-seller’s client decide to go elsewhere with their files, does it result in a violation?

A

No.

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7
Q

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?

A

No.

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8
Q

If the attorney sells his private practice, does prohibit the attorney from seeking employment in public sector?

A

No.

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9
Q

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?

A

Yes.

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10
Q

If an attorney sells an area of practice and stay in the same jurisdiction, may the attorney practice in the same field of law?

A

No.

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