Build the matter and know-how handover when a solicitor leaves
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the practice's matter list and the solicitor's know-how index, copy matter name, current step, where the working papers are, and which precedents that solicitor maintained. Do not copy client documents, contact lists or file contents into the handover.
- What the lawyer must review
- The lawyer settles the handover. The Law Society of NSW protocol of November 2025 says the client chooses who acts, the retainer is with the practice unless otherwise specified, and the departing solicitor cannot take or copy client files, digital copies or client lists without the practice's agreement and the client's authority. Know-how that is client confidential information stays under rule 9. The practice tells a client the departing solicitor's new details only if the solicitor has given those details and consented to them being given on request. The lawyer writes 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 practice's matter list and the solicitor's know-how index, copy matter name, current step, where the working papers are, and which precedents that solicitor maintained. Do not copy client documents, contact lists or file contents into the handover. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- The handover names the repository and the current step. It does not attach the file.
- Precedents the solicitor maintained are assigned a new owner. They are not exported to the solicitor's new practice with the file.
- Client contact details are not in the pack that leaves with the solicitor.
- Any letter to the client is written by the practice, and it does not misstate why the solicitor left.
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.