90 N.J.L.J. 257
April 27, 1967
OPINION 109
Retirement Announcement
Inquiry has been made as to whether it is proper for an
attorney who is about to retire to send an announcement to his
clients and selected friends advising that he is retiring and that
he has arranged with another attorney to handle their future
business.
The attorney who is about to retire has been general counsel
to a corporation and has a modest private practice. He is in the
process of referring all pending matters in his private practice to
another attorney with the full knowledge and approval of each
client. The retiring attorney also proposes to advise these clients
as well as certain personal friends, by a formal announcement, that
he has retired and that the other attorney is available to handle
any future matters.
An attorney who is about to retire has an obligation to each
client to insure that proper provision is made for the disposition
of his matter. This should be done in consultation with the client
and with his complete understanding and acquiescence. To that
extent the retiring attorney's action is not only proper but
necessary.
In our opinion, however, any announcement of the type proposed
would be improper. Canons of Professional Ethics, Canon 27, deals
with the impropriety of advertising and solicitation either
directly or indirectly. In essence the proposed announcement,
whether to current clients or to personal friends, would be an
indirect solicitation of employment of the other attorney and
therefore improper. See N.J. Advisory Committee on Professional
Ethics, Opinion 25, 87 N.J.L.J. 19 (1964).