This is the sixth in a ten-part series

Part One - Bullying

Part Two - Egotism 

Part Three - Conflict in the workplace

Part Four - Career timing

Part five - Not renewing practising certificate

By Daniela Aroche

Whilst it may be commonplace for lawyers to take their client base with them when they move firms or branch into new business, there is a fine line that should not be crossed when it comes to clientele; and 'poaching' or 'stealing' clients from a previous employer or a rival firm could result in a tattered reputation.

 "Certainly, if a lawyer goes out of their way to be underhanded in the way that they attempt to get client information in order to take with them then certainly it would not be long before their reputation with the particular firm that they are leaving would be damaged," said James Garzon, director and chief operating officer of Law Alliance, Singapore.

Besides the fact that poaching clients van 'burn bridges' with a previous employer, Vincent Kwan - head of legal at Sinoland, and previously an associate at Deacons - adds that depending on the firm and the contract applicable to the lawyer, poaching clients could also be deemed a breach of contract which would further soil a lawyer's reputation in the industry.

"If the lawyer is covenanted under his employment contract not to solicit any of the firm's clients for how many years after termination of employment, it will be in breach of the employment if he solicits any client of the firm within that covenanted period. However, after the covenanted period, it would be an ethical consideration as to whether the lawyer should or should not solicit the firm's clients," he said.

Garzon agrees and adds that, when it comes to clients, the risk to reputation depends on the specific circumstance, and breaching of contract by stealing clients or information above all is the most dangerous thing to watch out for.

"The context all of this has to be set in is that the client is the one that has the final choice as to who they want to do their legal work. In many instances it will also be individuals rather than the firms themselves and this would mean that the client will move with the lawyer. So while there may be some sore partners at the departing firm, a lawyer's reputation will only be seriously damaged where there has been some truly unethical or illegal act, such as stealing information."