File Handover When a Lawyer Leaves the Firm

Gökçen Beyazoğlu LL.B.

Chief Product Officer · Attornaid

When a lawyer leaves a law firm, the file handover runs in four stages: an inventory of what is being handed over, the transfer of each file with a short handover note to a named lawyer, written notification to the clients concerned, and removal of the departing lawyer's access. The four stages belong to one process and should run together, not as separate tasks for separate people. The stage most often skipped is the last; a departed lawyer's email, practice management and court portal access can stay open for months. Once the files have changed hands, the handover is checked again during the first 30 days.

A lawyer leaving is the moment in a firm's operations that produces the most errors. Everyone talks about handing over the files, but the real risk is not in the handover itself; it is in the context that gets lost along the way: which stage each matter has reached, what each client has been promised and which deadlines are approaching. The flow below is designed to start the moment the departure becomes known, not on the last day.

Stage 1: The inventory

Before anyone discusses the handover, what is being handed over has to be written down. A verbal handover stays incomplete even when both sides act in good faith, because neither side knows what the other has forgotten.

Item	What to record
Active files	File reference, client, opposing party, court or forum, current stage
Upcoming deadlines	Every hearing, filing date and limitation date in the next 90 days
Promises made	Estimated timelines and expectations already communicated to the client
Pending tasks	Documents not yet drafted, evidence not yet obtained, clients not yet called back
Billing status	Amounts paid, amounts invoiced and outstanding, and work not yet billed
Original documents	Which originals the firm holds and where each one is kept

Most of this can be exported from the practice management system in minutes, provided the files have been kept there. The rows that cannot be exported, promises made and pending tasks, are the ones that need the departing lawyer's time, and they are the reason the inventory has to start while that person is still in the building.

The critical row: Promises made is the item most often left out and the one that causes the most trouble. If a client has been given a timeline and the incoming lawyer does not know about it, the first conversation starts with a loss of trust that the rest of the handover then has to repair.

Stage 2: The file transfer

The transfer is not just the physical and digital delivery of files. The incoming lawyer has to be able to pick each matter up from where it stands, without reconstructing it from the correspondence.

Write a handover note for every file. One paragraph is enough: where the matter stands, what the next action is and what needs particular care. Add anything the client has already been told about timing.
Name the incoming lawyer; leave no file unassigned. A file marked to be looked at later is not looked at until a deadline has passed.
Transfer the nearest deadlines first. Anything due in the next 30 days is dealt with on the first day of the handover, before the rest of the inventory.
Confirm the location of original documents. Signed authorities, original instruments, guarantees and anything else whose value lies in the original are counted separately and signed for.

Where the departing lawyer is still available, a short meeting that works through the inventory line by line catches what the notes miss. Where they are not, the inventory and the notes are all the incoming lawyer will have, which is why Stage 1 cannot be skipped.

Stage 3: Client notification

A client should not learn from a source outside the firm that the lawyer handling their matter has changed. The notification is made in writing, after the handover note for that file is complete, so that the person named in it can answer the first call.

State clearly who has taken over and how to reach them.
Summarise the current stage of the matter in a few lines.
Where professional conduct rules give the client a choice about who continues to act for them, say so plainly rather than leaving it implied.
If any authority or engagement paperwork needs to be updated because of the change, explain what happens next and who will be in touch.

Keep a copy of every notice on the file. If a question arises later about what the client was told and when, the notice is the answer.

Timing: Notify too early and the incoming lawyer is called before they have read the file; notify too late and the client hears it from someone else. The day the handover note is finished is the right day.

Stage 4: Access removal

Operationally, this is the most neglected stage. While a departed lawyer's access stays open, the firm continues to carry both a data protection exposure and an unclear line of responsibility: anything done under those accounts is attributed to the firm, whoever actually did it.

Access	Action	Why it matters
Practice management system	Disable the account and remove its permissions on the day of departure	Access to client data continues otherwise
Email	Close the account and forward the inbox to the incoming lawyer or a shared mailbox	Client correspondence is not lost
Court e-filing and portal access	Review which firm matters are linked to the departing lawyer's credentials and reassign them	Responsibility for filings becomes unclear
Cloud storage	Remove shares and any sync to personal devices	Copies of files remain outside the firm
Physical keys and access cards	Collect and sign for them	Access to the archive and the premises
Bank and payment authorities	Remove signing rights and card access	Financial exposure

Removal is a same-day task, not a same-week one. The list above is short enough to complete in an afternoon, provided it exists before the departure rather than being assembled during it. Firms that already run a departing-employee checklist for security reasons can reuse it; the file handover adds the reassignment of linked matters, not a new procedure.

Where the audit trail earns its keep: If the practice management system records who accessed which file and when, the firm can answer any question that arises after the departure. If no such record exists, the question stays unanswered.

The first 30 days after the handover

The handover does not end on the day the files change hands. During the first month the firm needs to check whether the incoming lawyer actually has command of the files, rather than assuming it.

Review the upcoming deadlines on every handed-over file a second time, against the court or forum record rather than the handover note.
Follow the first contacts from each client; a repeated question points to something missing from the handover note.
Log every question that is still sent to the person who left. If the same question is asked twice, update the note instead of answering it again.
Settle who is responsible for unbilled work and outstanding invoices on each file, so that nothing falls between the departing and the incoming lawyer.

The 30-day check is also where the handover note shows its value as a document rather than a conversation. A note that was written down can be corrected and reused for the next departure; one given across a desk cannot.

Checklist

Write the inventory of active files before the handover is discussed.
List every deadline in the next 90 days separately from the inventory.
Write a one-paragraph handover note for every file.
Name an incoming lawyer for every file; leave none unassigned.
Count and sign for original documents.
Notify clients in writing on the day their handover note is complete.
Remove practice management, email, court portal and cloud access on the day of departure.
Set a 30-day review date for deadlines, client contacts and unbilled work.

Frequently asked questions

How should a law firm hand over files when a lawyer leaves?

Run four stages in order: write an inventory of what is being handed over, transfer each file with a short handover note to a named lawyer, notify the clients concerned in writing, and remove the departing lawyer's access on the day they leave. The inventory should cover active files, upcoming deadlines, promises made to clients, pending tasks, billing status and the location of original documents. Then check the handed-over files again during the first 30 days.

What is the most commonly skipped step in a file handover?

Removing access. A departing lawyer's practice management account, email, court e-filing and portal access and cloud storage shares can stay open for days or months after they leave. That creates both a data protection exposure and an unclear line of responsibility for anything done under those accounts. Recovering physical keys, access cards and payment authorities belongs on the same list.

When and how should clients be told that their lawyer has left?

In writing, on the day the handover note for their file is complete. Telling clients earlier means they call a lawyer who has not yet read the file; telling them later means they hear it from someone outside the firm. The notice should name who has taken over, give their contact details and summarise where the file currently stands.

What should a handover note contain?

One paragraph per file is enough: the current stage of the matter, the next action due and any point that needs particular care. It must also record any timeline or expectation already communicated to the client. When the incoming lawyer does not know what the client has been told, the first conversation starts with a loss of trust.

What should happen after the handover is complete?

Monitor the first 30 days. Review the upcoming deadlines on every handed-over file a second time, follow the first contacts from clients and log every question that is still being sent to the person who left. The same question asked twice points to a gap in the handover note, and the note should be updated.

Why does an audit trail matter during a handover?

If the practice management system records who accessed which file and when, the firm can answer any question that arises after the departure, whether it concerns a download, an edit or a deleted document. Without that record, questions about access or actions after a departure cannot be answered. That is why an audit trail is a basic selection criterion for any firm where more than one person works on a file.