Facts Carl Adle and Louise Bart formed a law firm as partners, and Anne Lily, Marvin Thomas, and Tim Jones joined the newly formed firm of Adle & Bart as associates (nonpartner employees). After about five years, Lily, Thomas, and Jones became disenchanted with the law firm and decided to form their own, to be called Lily, Thomas & Jones.

Lily and Thomas suggested to Jones that they contact approximately five hundred of Adle & Bart's current clients. Lily and Thomas had prepared a model letter to inform clients about the new law firm (Lily, Thomas & Jones) and to encourage them to leave Adle & Bart and to become clients of the new firm. The letter also indicated that Lily, Thomas & Jones would offer legal services far better than those of Adle & Bart:

billing rates would be more reasonable, service more prompt, and legal representation more effective and successful. The reference to success was aimed, in part, at three large clients who recently lost lawsuits

What May One Do to Attract Clients from a Previous Employer?

under Adle & Bart representation. Although the losses had not resulted from malpractice or mishandling by Adle & Bart, Lily and Thomas knew that significant amounts of money had been at issue and that the clients were sensitive about the results of the lengthy litigation.

The letter included two postage-paid form letters for the prospective client to sign and mail. One form letter was addressed to Adle & Bart, informing them of the client's desire to discontinue the client-attorney relationship and requesting the firm to forward all files to Lily, Thomas & Jones. The other form letter, addressed to Lilly, Thomas & Jones, requested representation.

Jones is reluctant about the proposed mailing. Lily and Thomas, in turn, argue that their new firm is not doing as well as they expected. They essentially give Jones an ultimatum: join in the letter or leave the firm. Jones, who has thoroughly alienated Adle & Bart, does not believe he has any immediate alternative job opportunities.

Social, Policy, and Ethical Considerations

1. Should Jones agree to the proposed mailing? Is it ethical for those forming the new firm to use a client list of their former employer when seeking clients?
2. What practical steps could Jones take to assist him in his decision?
3. What are the competing social interests at stake in this controversy?
4. How would it be differ, if at all, if the firms were accounting firms rather than law firms?
5. In what manner, if at all, should the law protect existing businesses from competition? Under what circumstances might competition become unfair, and how should laws be tailored to deter unfair practices?

Answer rating: 100% (QA)

1Ethical Considerations Using Former Employers Client List It is generally unethical to use a client list from a former employer when seeking clients ... View the full answer