Relief. Excitement. Nervousness. Having made the decision to move on from your current employer, the rush of emotions can be overwhelming and exhilarating. Those taking the plunge and moving to the next chapter of their career should not overlook one minor aspect of the transition: the details.
Sorry, did we say “minor?”
When you start working at a law firm, you get a binder full of information about where to find things (coffee, paper, late-night snacks), how to do your job (show up early, dress neatly, stay late), and how best to fit in (be friendly, attend practice group meetings, stay late). Unfortunately when you leave, there's little guidance, but there are significant logistical, relationship, and even ethical issues raised when an associate changes jobs, whether for another firm, an in-house position, or beyond the law altogether. A plethora of issues warrant attention, particularly ancillary matters that may seem unimportant at the time but could prove consequential.
Even if a soon-to-be former employer provides resources to the transitioning lawyer to guide them through the process of leaving, ultimate responsibility rests with the individual. It's not just for career advancement and peace of mind, but also a more fundamental obligation. As the Law Society of Upper Canada reminds lawyers winding down their practice, the professional duty of competent representation “includes an obligation to take appropriate steps to safeguard your clients’ interests in all circumstances.” Each task completed when changing jobs — from properly notifying others, to passing information on to colleagues who are taking over files, to ensuring availability to answer questions should they arise — should be motivated by remembering that the interests of the client are paramount.
From his vantage point, Warren Bongard, co-founder and vice president of ZSA Legal Recruitment, observes that law firms have “raised their game over the last five years,” in light of increased mobility among lawyers, and have sought to develop internal means for seamlessly handling outgoing and inbound lateral transfers.
However, the transition may not be quite as fluid when the transition is not from one large firm to another but between different facets of the profession: from a firm to in-house counsel, or to a government, union, or non-profit role. Recruiters don't just advise lawyers on the fine points of the transition process but also highlight issues for a new employer, particularly those without long experience in bringing in new counsel, says Bongard.
“If it’s a company that’s just in growth mode and they’re hiring their very first lawyer, we often become the educator.”
TIMING THE TRANSITION
Carey Bertolet, founding managing director of the New York office of BCG Attorney Search, says a resignation is fundamentally a business transaction, overlaid with professional obligations, and should be approached as such. While two weeks is generally acknowledged as the minimum period of notice for leaving a firm, the appropriate amount of time is a function of seniority, file status, and responsibility: two weeks might suffice for the second-year associate but a sixth-year associate with significant oversight of ongoing matters or who has developed long-term client relationships should be giving more notice.
Jennifer Good, who moved from Heenan Blaikie LLP to an in-house position at Home Depot of Canada Inc., suggests up to six weeks to facilitate a clean hand-off of files. While three weeks was enough for a smooth transition when she moved in-house, a longer period was needed when she earlier went on maternity leave. In both cases, “even a little more time might have been nice.” Bongard concurs that, more often than not, lawyers want to give a minimum of three or four weeks of notice.
Several factors can collide in transitions, providing conflicting imperatives: the state of current files may require a long notice period while a new employer may want a relatively early start date. “Often associates will time their resignations with their files . . . sometimes they’re just closing up the deal and then they’ll resign,” says Bongard. Setting, rather than negotiating, the departure date can also help focus and prioritize the transition. A good first step is to sit down and enumerate all active files, their current status, and who is best positioned to take carriage of them.
Jason Kee, currently director of policy and legal affairs at the Entertainment Software Association of Canada and previously an associate at Fasken Martineau DuMoulin LLP, gave three weeks’ notice. “I was in the middle of several transactions and I just couldn’t drop them that quickly without doing damage,” he says. Bongard notes most firms will want to “start transitioning files almost immediately to other lawyers,” and Kee agrees that taking a proactive approach was a significant factor in his effecting a painless transfer: “The moment that the job was secured, I immediately gave notice and started working on a transition plan to get people involved who could take over the roles.” Now is the time to properly organize and label all files, rather than just leaving behind an accordion folder on a chair with the client name scrawled across the front.
Clients, too, will want to know of a pending departure. Firms may have a protocol in place for advising clients, but it is often up to the departing lawyer to determine how the client will be best served, especially in situations where that lawyer is the client’s primary point of contact. Bertolet says, “Client matters are the most precious cargo to protect as you prepare to leave.” The guiding principle should be to provide clients with as much notice as possible, thereby securing both their interests and the client’s relationship with the firm.
An important metric is the amount of knowledge the departing lawyer has embedded in the client’s matters and how long it will take to convey that to another lawyer. The goal is to ensure the client continues to receive the same high calibre of representation. “I had been working on these things for months, and I had a lot of knowledge built up on the transactions,” says Kee. “I didn’t want to notify a client until I had finalized who it was that was going to take over my files. It took about a week to come up with a complete transition plan about who was going to take over what files, who had availability to do what.”
Schedule generously for the hand-off, since it can involve significantly more work than you might think. Good advises: “For every file you’re working on, you want to sit down with people and talk them through the file; and, ideally, if you’re organized enough, you’re going to send them a transition memo.” As important as it is to pass along “hard” information (such as filing deadlines or the status of negotiations), “soft” information is one of the key pieces of knowledge to transfer: whether a client prefers answers in lengthy e-mails or over the phone, what kind of turnaround they expect once they’ve requested an opinion, or the decision-making hierarchy at an organization.
Providing accurate contact information to both the human resources department and any individuals who are taking over carriage of files is essential and obligatory — there’s no quicker way to generate resentment among former colleagues or clients than to leave behind a Byzantine file and no one to turn to for answers. The final goodbye can also be an opportunity to solidify relationships. Avoid sending a gushing e-mail to all firm employees across the country if you’ve only ever dealt with the bankruptcy group in one office — but be sure to leave on a positive note. Professionalism and brevity, rather than bitterness (at past disappointments) or glee (at finally getting out of there), should be the guiding sentiments.
Not getting e-mails on the first day of work is a little like showing up to find the phone hasn’t been connected. Like law firms, some private companies insist on owning their employee’s PDAs, while others will cover the access and data costs — be sure to confirm which approach a new employer has adopted (and be sure to give back any electronic devices owned by a former employer). Arrange for an automatic “out of office” response to be active on old e-mail accounts for at least two weeks; the response should both contain new contact information and advise who at the old employer can be contacted with questions about old files.
