When a lateral partner is transferring to your firm from their previous firm:

What do you do about matter material that they would like to bring with them (or that their prior firm wants to send you) that does not relate to any current on-going representation? In other words the lateral will no longer be representing that client, at least as far as is known in the immediate future?

What if the matter is inactive/closed, but the client has active matters that will be worked on at your firm? Do you take it all, or try to limit your acceptance to just the active matters?

What if the previous firm (not the lateral themselves) is trying to literally dump on you, matter material that does not relate to any current active representation of a client that the lateral will be engaged in at your firm?

What, in your view, or in the view of your risk management attorney advisor, are the risk management liabilities of this material that relates to matters not worked on or expected to be worked on at your firm?

Does raising the issue that they may be violating their own records retention plan get any traction with the sender?

Interested in hearing any responses regardless of the size of your firm, as long as it is related to legal work in the US.

Thanks, 

Bill Creamer
Records & Conflicts Manager
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212.728.3448



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