Limit what a departing lawyer's handover may reveal
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List matters to be handed over and mark any information relating to a representation. Do not write a handover note that contains that information.
- What the lawyer must review
- Model Rule 1.6(a) is the rule on revealing information relating to a representation. Paragraph (b)(7) allows a limited revelation to detect and resolve conflicts from a change of employment or a change in firm ownership or composition, and only if privilege is not compromised and the client is not otherwise prejudiced. Model Rule 1.1 requires the handover to be prepared competently, which includes not treating a conflict check as a licence to copy the file into a know-how bank. You decide what the departing lawyer and the firm may exchange.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Check the firm’s actual conflict records, including relevant parties and connected entities, and resolve any match through the firm’s process.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.