Model Rule 1.17 guides the sale of a law practice. A key part is informing your clients about the sale. This often means writing a letter to each client. This letter explains their options when you sell your practice.
Need to write this letter? You’re in the right place. We know it can be tricky. That’s why we’re sharing some sample letters.
These examples will help you. They’ll show you how to explain the sale to your clients. You can easily adapt them for your own needs. Let’s make this process smoother for you.
Sample Letter To Client Model Rule 1.17
Sample Letter To Client Model Rule 1.17
[Your Law Firm Letterhead]
[Date]
[Client Name]
[Client Address]
**RE: Sale of Law Practice – Model Rule 1.17**
Dear [Client Name],
This letter is to inform you of a significant development concerning our law practice. We are exploring the possibility of selling our practice to another law firm, [Purchasing Firm Name]. This potential transaction is governed by Model Rule 1.17 of the American Bar Association’s Model Rules of Professional Conduct, which outlines the specific requirements for the sale of a law practice.
Model Rule 1.17 aims to protect the interests of our clients during such a transition. To comply with this rule, we are obligated to notify you of the proposed sale and provide you with certain information.
Specifically, we want to inform you of the following:
* **The Proposed Sale:** We are in discussions to sell our practice to [Purchasing Firm Name].
* **Purchasing Firm:** [Purchasing Firm Name] is a reputable law firm with a strong track record in [relevant practice area]. They are committed to providing excellent legal services.
* **Your Options:** You have the following options:
* **Consent to the Transfer:** You may consent to have your legal representation transferred to [Purchasing Firm Name]. If you do nothing, it will be presumed you consent to the transfer.
* **Retain Your Own Counsel:** You have the right to retain your own attorney and seek independent legal advice regarding your options.
* **Obtain Your File:** You may request that your file be returned to you.
* **Contact Information:** You can contact [Purchasing Firm Name] at [Phone Number] or [Email Address] to discuss any questions or concerns. You may also contact us at [Your Phone Number] or [Your Email Address].
We understand that this news may raise questions, and we are committed to ensuring a smooth transition. We will work closely with [Purchasing Firm Name] to minimize any disruption to your legal representation.
We will keep you informed of any significant developments. Please do not hesitate to contact us if you have any questions.
Sincerely,
[Your Name/Law Firm Name]
html
How to Write Letter To Client Model Rule 1.17
Subject: Clearly State the Purpose
The subject line is your initial foray. Be forthright. For example: “Notification of Law Practice Cessation and Client File Transfer Options.” Ambiguity breeds unease; clarity fosters trust.
Salutation: Personalize the Opening
Avoid generic greetings. “Dear [Client Name],” reflects a genuine connection. It acknowledges their individuality and the specific attorney-client relationship you’ve cultivated.
Body: Introduction – Brevity is Key
In the introductory paragraph, succinctly state your intent to withdraw from the practice of law, referencing Model Rule 1.17 if you deem it strategically advantageous. This sets the stage without undue verbosity.
Body: Detailed Explanation of Options
- File Retrieval: Outline the process for clients to retrieve their files. Specify deadlines and contact information.
- File Transfer: Offer to transfer files to succeeding counsel. Ensure you obtain explicit authorization for this transfer.
- File Retention: State your policy regarding file retention, including the duration and eventual disposition of unclaimed files.
Body: Financial Considerations
Address any outstanding balances or unearned retainers. Propose a clear method for reconciliation, avoiding obfuscation and promoting transparency. Detail how refunds will be processed, if applicable.
Body: Opportunity for Consultation
Extend an invitation for a consultation to address any lingering concerns. This demonstrates a commitment to a seamless transition and reinforces your duty of care, even in denouement.
Closing: Reiterate Cooperation and Gratitude
Conclude with a professional closing, such as “Sincerely,” or “Respectfully,” followed by your name and contact information. Express gratitude for the opportunity to have served them, leaving a lasting impression of probity and professionalism. Consider adding a final sentence like: “We wish you well in all your future endeavors.”
html
Frequently Asked Questions: Sample Letter to Client Regarding Model Rule 1.17
This section addresses common inquiries regarding the sample letter provided in relation to Model Rule 1.17, which concerns the sale of a law practice. It aims to clarify key aspects and provide guidance on its application.
What is the purpose of the sample letter?
The sample letter serves as a template to inform clients about the intended sale of a law practice and their rights regarding the transfer of their legal matters to a new attorney or firm.
What information should the sample letter include?
The letter must clearly state the lawyer’s intent to sell the practice, the identity of the purchasing lawyer or firm, the client’s right to consent to the transfer of their file, and the steps to take if they object.
Is client consent required for the transfer of files?
Yes, clients have the right to consent to the transfer. If a client does not consent, the lawyer must take steps to protect the client’s interests, potentially including withdrawal from representation.
What if a client does not respond to the letter?
Model Rule 1.17(c) typically addresses non-response. In some jurisdictions, client consent may be presumed if no response is received within a reasonable time, but this varies and should be checked locally.
Where can I find the full text of Model Rule 1.17?
The full text of Model Rule 1.17 is available on the American Bar Association’s website or through legal research databases.