Executive Director’s Message (e) In the event that a client of a dis-solving law firm fails to advise the lawyers of the client’s intention with regard to who is to provide future legal services, the client shall be deemed to remain a client of the lawyer who primarily provided legal services to the client on behalf of the firm until the client advises oth-erwise. Comment [1] Although there may also be signifi-cant business and legal issues involved when a lawyer leaves a law firm or a law firm dissolves, this rule addresses the rights of the clients to be fully informed and able to make decisions about their representation. Accordingly, the rule emphasizes both the timing and the content of the required notice to clients. Upon the departure of a lawyer or the dissolution of the law firm, the client is entitled to notice that clearly provides the contact information for the depart-ing lawyer, the status of the client’s file and any other property, including advanced legal fees, in the possession of the lawyer or law firm, and information about the ability and willingness of the lawyer and/or firm to continue the representation, subject to Rule 1.16. Nothing in this rule or in the contract for representation may alter the ethical obligations that individual lawyers have to a client as provided elsewhere in these rules. Likewise, lawyers may have fiduciary, contract, or other obligations to their firms that are outside the scope of these rules. [2] While this rule requires the departing lawyer and the law firm to make a bona fide effort to make a joint communica-tion to the departing lawyer’s clients, the duty to communicate with clients and to avoid prejudicing the clients during the course of representation requires prompt communication when the lawyer pri-marily responsible for those clients is leaving the firm. 10 VIRGINIA LAWYER | February 2014 | Vol. 62 Beginning April 14, 2014, the Virginia State Bar address will be 1111 East Main Street, Suite 700, Richmond, VA 23219-3565. New Bar Cards, including the new address, will be sent to members in the fall. Accordingly, the negotiations required by section (a)(1) of this rule must be initi-ated promptly once the lawyer has decided to leave the firm, and if these negotiations fail, either the lawyer or the law firm, or both, must promptly com-municate with clients as provided by section (b)(1) to ensure that they are informed about the lawyer’s departure and their options for continued repre-sentation. If continued representation by the departing lawyer and/or by the law firm is not possible, the communi-cation shall clearly state that fact and advise the client of the remaining options for continued representation, including the client’s right to choose other lawyers or law firms. [3] For purposes of contact with a client by a lawyer departing a law firm, “client” refers to clients for whom the departing lawyer is currently handling active mat-ters or is otherwise playing a principal role in the delivery of legal services. [4] While clients have the right to choose counsel, such choice may implicate obligations. Those obligations may include a requirement to pay for legal services previously rendered and costs expended in connection with the repre-sentation as well as a reasonable fee for copying the client’s file. See Rule 1.16(e). [5] Lawyers involved in either a change in law firm composition or a law firm dissolution may have duties to notify the court if they represent clients in litigation. In either case, a lawyer who is counsel of record before a court must file a motion to withdraw or a motion for substitution of counsel if he no longer represents the client. See Rule 1.16(c). www.vsb.org