Insider — departing attorney or staff
The lawyer who left took the client list. Or staff snooped in a high-profile matter.
The lawyer who leaves with a book of business and a copy of the client files, or staff snooping in a high-profile matter. Audit-log review, the conflicts-and-trade-secret overlay, and the ethics dimension (Rules 1.6, 1.9, 5.3 supervision).
The first hour
What to do, in order.
- 01
Disable accounts on the last day — not the next morning.
- 02
Pull DMS download logs, email-export logs, and USB-device logs for the 90 days before departure.
- 03
Inventory devices, including personal devices that had firm email.
- 04
If client files were copied, the client owns the file — coordinate the handoff in writing with both firms.
Key decisions
The questions you'll be asked.
- Is it ethics, civil, or both?
- Often both. Confidentiality (1.6 / 1.9), supervision (5.1 / 5.3), and trade-secret / restrictive-covenant exposure run on parallel tracks.
Regulatory & ethical hooks
What the rules say.
- ABA Model Rules 1.6, 1.9, 5.1, 5.3
- State trade-secret statutes / DTSA
Cited for orientation, not as legal advice. Your firm's ethics counsel and LPL carrier should be consulted on every specific incident.