A clear attorney case handoff
A referral message does not transfer responsibility. Confirm the engagement, assigned tasks, client communication, and any required court steps.
Define the work.
Agree on full transfer, co-counsel, a discrete assignment, or trial representation. Assign responsibility for pending work and verify dates against orders and notices.
Keep the client informed.
Explain each firm’s role and the main contact. Review applicable rules before documenting fee divisions or co-counsel terms; requirements vary by jurisdiction.
Transfer and confirm.
Index the file, preserve useful original formats, and identify missing materials. Use an appropriate secure channel. Confirm receipt, access, unresolved tasks, and when the arrangement takes effect.
California: check Rule 1.16.
When tribunal permission is required, counsel must obtain it before ending representation. Rule 1.16 also requires reasonable steps to avoid foreseeable prejudice to the client.
At the client’s request, client materials and property generally must be released promptly, subject to the rule’s restrictions. Check the rule, court procedures, and protective orders. Do not assume California’s requirements apply in another state.
Common questions
Is a referral inquiry the same as transferring responsibility for a case?
No. An inquiry starts the discussion. Confirm the engagement, responsibilities, and any required client or court steps before treating the transition as complete.
Should the handoff process change for trial counsel?
Yes. Clarify trial-specific responsibilities, remaining preparation, witness and expert coordination, and the time available before scheduled appearances.
Official sources
General information, not legal advice. Laws and deadlines depend on your circumstances.