QUESTION

Attorney Client Stealing

Asked on Feb 19th, 2019 on General Practice - Oklahoma
More details to this question:
Hypothetically, if you're an attorney in a firm and a client represented by another associate approaches you on a matter related to ongoing representation and it is an urgent matter (maybe not quite an emergency) and expresses a desire for you to represent them because he likes your style and doesn't feel adequately represented by the associate and wishes for you to "take over" is this unethical based on the Rules of Professional Responsbility and what would you need to do before being able to represent that client?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
It is the firm that is representing the client, not any individual attorney, and the firm would continue to represent the client regardless of which associate is primarily responsible for a given matter.  Thus, there is no professional ethics problem in the second attorney handling the new matter for the client.  However, that doesn't mean that the first attorney would like it or the firm would allow it.  The second attorney may be compelled by the rules of the firm, or his own loyalty, to get the firm's and/or the first attorney's permission before handling the matter for the client.
Answered on Feb 20th, 2019 at 1:08 PM

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