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[DATE] / Internet Address:[fill in name with e-mail]
VIA HAND DELIVERY
[NAME AND ADDRESS OF DEPARTING LAWYER]
Re:Withdrawal from the Firm
Dear _____:
As we discussed, this letter summarizes the general terms under which you have withdrawn from the Firm ("Firm") to begin practicing at______.
1.Effective Date of Withdrawal. Pursuant to the Firm Partnership Agreement (the "Partnership Agreement"), you provided notice of your intention to withdraw from the Firm, effective ______, (the "Withdrawal Date"). Notwithstanding the Withdrawal Date, you and the Firm will continue to cooperate in effecting your transition to ______in a manner conforming to applicable professional responsibility rules, and you will diligently assist in billing and collecting for all pending Firm matters for which you were responsible. You represent that you are not aware of any facts, acts, or omissions that may result in legal malpractice claims against the Firm, whether based upon conduct by you or by any other Firm personnel. You agree to make yourself available to provide documents and testimony at such times and places as the Firmshall reasonably request in connection with any future claim or proceeding, including collection proceedings against clients.
2.Closing of Client Files; Transfer or Retention of Active Client Matters. Exhibit A to this letter lists those Firm client matters for which you had responsibility and in which our representation has been concluded. These client matter files have been closed by the Firm. Exhibit B to this letter lists those Firmactive client matter engagements which, according to client instructions, you will retain as a lawyer at ______. Exhibit C lists those active client matter engagements which, according to client instructions, the Firmwill retain after your withdrawal. Those active client engagements listed on Exhibit D will be retained by the Firm pending receipt of the clients' instructions concerning their selection of counsel; these matters will be retained or transferred according to such instructions. Except for those matters listed on Exhibits A, B, C, and D, you are unaware of any other activeFirm client matters for which you were responsible as of the Withdrawal Date.
[Use if applicfable and include client specific information.] 3. Contingent Fee Arrangements. You have had primary responsibility for the client matters listed on Exhibit E. Under the Firm's existing fee agreement with the clients for the above matters, the client may become obligated to pay a contingency fee on conclusion of the matter. You have agreed to continue providing representation to the clients in the above matters. Any fees (and reimbursable costs previously advanced by the Firm) received on conclusion of the ______matters will be paid to the Firm. Any fee received on conclusion of the ______matters will, after deduction of reimbursable costs, be split between the Firm and ______, with each firm's portion determined under the following formula:
Firm's Value (applicable hourly rate multiplied by total number of timekeeper hours). / X / Net Fee (fee after reduction for reimbursable costs). / = / Firm's share of contingent fee amount.Total Value[1] (applicable hourly rates multiplied by total number of timekeeper hours).
Each firm will be entitled to receive reimbursement of any costs it advanced that are deducted under the above formula.
This letter constitutes the entire agreement between the parties concerning its subject matter, except that relevant provisions of the Partnership Agreement that are not affected by the express provisions of this agreement remain in effect. The prevailing party in any action to enforce this letter agreement is entitled to its reasonable costs of enforcement, including its attorney's fees and costs. This letter agreement may be amended only by a written instrument signed by both parties.
Very truly yours,
THE FIRM
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[Name of Departing Lawyer]
[1] Total Value is the aggregate value of legal services by both firms as defined above.