CLIENT-LAWYER RELATIONSHIP
RULE 1.17 SALE OF LAW PRACTICE
A lawyer or a
law firm may sell or purchase a law practice, or an area
of law practice, including good will, if the following
conditions are satisfied:
(a) The seller
ceases to engage in the private practice of law, or in
the area of practice that has been sold, [in the geographic
area] [in the jurisdiction] (a jurisdiction may elect
either version) in which the practice has been conducted;
(b) The entire
practice, or the entire area of practice, is sold to one
or more lawyers or law firms;
(c) The seller
gives written notice to each of the seller's clients regarding:
(1) the proposed
sale;
(2) the client's
right to retain other counsel or to take possession
of the file; and
(3) the fact
that the client's consent to the transfer of the client's
files will be presumed if the client does not take
any action or does not otherwise object within ninety
(90) days of receipt of the notice.
If a client cannot
be given notice, the representation of that client may
be transferred to the purchaser only upon entry of an
order so authorizing by a court having jurisdiction. The
seller may disclose to the court in camera information
relating to the representation only to the extent necessary
to obtain an order authorizing the transfer of a file.
(d) The fees charged clients shall
not be increased by reason of the sale.
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