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No matter what scenario occurs, always have a partner (shareholder) or
head of
the Practice Management Group sign off on ALL materials leaving the
firm,
regardless if its the client files or the attorney's working files. 
This will
aleviate any legality for you.

My own two cents worth: I would agree with Lee, the client files are
the
property of the client.  If the lawyer is leaving the firm, he/she has
to get
written approval from the client to take their files with them,
wherever they
go.

Bob Skweres
Jacobs Management Corp.
bskweres@jacobs-mgmt

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