# what happens to his/her clients when a lawyer dies? **URL:** \ **Category:** Factual Questions\ **Created:** [August 9, 2014, 9:40pm UTC](https://boards.straightdope.com/t/what-happens-to-his-her-clients-when-a-lawyer-dies/695190 "2014-08-09T21:40:38Z")\ **Posts on this page:** 9\ **Page:** 2
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [August 12, 2014, 12:07am UTC](https://boards.straightdope.com/t/what-happens-to-his-her-clients-when-a-lawyer-dies/695190/21 "2014-08-12T00:07:07Z")
> [@AK84](#): > > Just for the sake of clarification, do fiduciary duties and duty of care remain with the firm until relieved? Over here the principal applies as you mentioned but that after death, departure or disability the firm or chamber continues to be professionally responsible until relieves, meaning that any necessary filings, appearances, representations in pending litigation or transactions have to be continued until you are expressly told not to. I don’t have personal experience, but I think that if it is a firm, then the fiduciary duty applies to the firm, to take necessary steps to preserve the client’s interests. If it’s a chambers arrangement, I don’t think there’s a fiduciary duty to the client, but there would be a professional duty to notify the Law Society and facilitate the trustee’s work. But I’m just guessing. ---
**Author:** ![Shinna\_Minna\_Ma](https://avatars.discourse-cdn.com/v4/letter/s/f08c70/32.png) [@Shinna\_Minna\_Ma](https://boards.straightdope.com/u/Shinna_Minna_Ma)\ **Post date:** [August 13, 2014, 7:52am UTC](https://boards.straightdope.com/t/what-happens-to-his-her-clients-when-a-lawyer-dies/695190/22 "2014-08-13T07:52:49Z")
After my parents passed away over the course of a year, my sister found out that the lawyer who drafted their wills had retired. She found his home number on the internet and called him. He gave her the name of a lawyer he had worked with in the past, and told her to give him a call. ---
**Author:** ![The\_Second\_Stone](https://avatars.discourse-cdn.com/v4/letter/t/bbe5ce/32.png) [@The\_Second\_Stone](https://boards.straightdope.com/u/The_Second_Stone)\ **Post date:** [August 13, 2014, 8:12am UTC](https://boards.straightdope.com/t/what-happens-to-his-her-clients-when-a-lawyer-dies/695190/23 "2014-08-13T08:12:45Z")
Assuming that the client is aware of the lawyer’s death, the client can, if the client goes to a viewing, observe the lawyer lie still. ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [August 13, 2014, 12:27pm UTC](https://boards.straightdope.com/t/what-happens-to-his-her-clients-when-a-lawyer-dies/695190/24 "2014-08-13T12:27:45Z")
> [@Captain\_Amazing](#): > > If he works at a firm, that’s something that you’ll have to work out with the firm. (and you’re probably their client, and not his particularly). I just received an email and a snail mail from my attorney handling a current matter for me. I’ve just skimmed the email so far, but basically he is “excited to tell me” about his leaving the firm and moving on up. Apparently he’d be more than thrilled to take me along. What I’ve read so far just reeks of ethical issues. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [August 13, 2014, 1:37pm UTC](https://boards.straightdope.com/t/what-happens-to-his-her-clients-when-a-lawyer-dies/695190/25 "2014-08-13T13:37:35Z")
Probably nothing wrong with it as long as he makes clear that you can stay with his old firm if you want. And assuming he’s already told them he’s leaving (though frankly that never happens because the departing attorney always wants to get the jump on asking clients to come along). ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [August 13, 2014, 2:00pm UTC](https://boards.straightdope.com/t/what-happens-to-his-her-clients-when-a-lawyer-dies/695190/26 "2014-08-13T14:00:30Z")
> [@Really\_Not\_All\_That\_Bright](#): > > Probably nothing wrong with it as long as he makes clear that you can stay with his old firm if you want. And assuming he’s already told them he’s leaving (though frankly that never happens because the departing attorney always wants to get the jump on asking clients to come along). Yeah, I’m just fed up with the situation and the feeling that I should consult an attorney about the attorneys I’ve consulted. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [August 13, 2014, 2:10pm UTC](https://boards.straightdope.com/t/what-happens-to-his-her-clients-when-a-lawyer-dies/695190/27 "2014-08-13T14:10:02Z")
It shouldn’t really make a difference to you. The ethical issue here is primarily the potential dispute between the lawyer and his former law firm. Having said that, I would never be happy to hear that my case was being transferred to a new firm, or to a new attorney at the same firm. Things get lost in the shuffle. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [August 13, 2014, 3:58pm UTC](https://boards.straightdope.com/t/what-happens-to-his-her-clients-when-a-lawyer-dies/695190/28 "2014-08-13T15:58:16Z")
> [@Really\_Not\_All\_That\_Bright](#): > > And assuming he’s already told them he’s leaving (though frankly that never happens because the departing attorney always wants to get the jump on asking clients to come along). hmmm - this may be a YMMV issue. I think it’s standard with firms here that there’s a notice clause in their partnership agreements, so that the departing lawyer can’t just walk out with clients - the departing lawyer has to notify the firm, before sending out letters to clients. Certainly, in one case where I had a lawyer doing some work on a personal matter and she moved to another firm, she sent me a letter on the old firm’s letter head, cc. to the managing partner of that firm, advising me that she was moving and I could follow her to her new firm, or stay with the old firm with a new lawyer. I followed her, since she had been the only one working on the file and had expertise in the issue. ---
**Author:** ![Sigmagirl](https://avatars.discourse-cdn.com/v4/letter/s/c89c15/32.png) [@Sigmagirl](https://boards.straightdope.com/u/Sigmagirl)\ **Post date:** [August 13, 2014, 7:10pm UTC](https://boards.straightdope.com/t/what-happens-to-his-her-clients-when-a-lawyer-dies/695190/29 "2014-08-13T19:10:02Z")
> [@The\_Second\_Stone](#): > > Assuming that the client is aware of the lawyer’s death, the client can, if the client goes to a viewing, observe the lawyer lie still. And be billed in quarter-hour increments. [Previous page](https://boards.straightdope.com/t/what-happens-to-his-her-clients-when-a-lawyer-dies/695190.md?page=1)