Work out what a departing solicitor may copy from client files
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the departure inventory the practice has prepared, list each category proposed to be copied (file, precedent, client list, contact list) and whether the inventory already records the practice's agreement and the client's authority. Do not draft the client authority or a client letter.
- What the lawyer must review
- The lawyer applies the confidentiality duty and the practice's departure protocol. The Law Society of NSW protocol of November 2025 says the retainer is with the practice unless it says otherwise, the client decides who will act, and a departing solicitor must not take or copy client files or documents, including digital copies, or client lists, without the agreement of the practice and the authority of the client. After departure the solicitor does not initiate contact with the practice's clients unless authorised, and neither side gives the client misleading information about the departure. Rule 9 still applies to client confidential information. The lawyer writes any authority and any client communication.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the departure inventory the practice has prepared, list each category proposed to be copied (file, precedent, client list, contact list) and whether the inventory already records the practice's agreement and the client's authority. Do not draft the client authority or a client letter. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Treat the retainer as with the practice unless the engagement letter says otherwise.
- No digital copy, precedent drawn from the file, or client list leaves without both the practice's agreement and the client's authority.
- Do not let tool wording into the authority or the letter to the client. The lawyer writes both.
- Check the employment or partnership restraints separately. The protocol says their validity is its own legal question.
Sources
- Law Society of NSW: Guidance for solicitors when a solicitor leaves a legal practice (November 2025) · 2026-10-22
- Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (WA) rule 9 · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.