Transferring Between Law Firms

If you are transferring into a small firm, or operate a small firm and have someone transfer into it, you will need to be aware of the rules governing transfer between firms. If you find yourself in this situation, be sure to read the provisions of the BC Code (including appendices) that apply.

The definition of “law firm” in Chapter 3, rules 3.4-17 to 3.4-26 of the BC Code is broad, and includes an arrangement for sharing space. When a lawyer transfers into a space-sharing environment, it is important to review the provisions of the BC Code governing transfer between law firms. Note that:

  • a "lawyer" under rules 3.4-17 to 3.4-26 also includes an articled student (BC Code, Chapter 1, rule 1.1-1);
  • a "matter" refers to the case or client file, but not general know-how; and
  • "confidential information" means information not generally known to the public that is obtained from a client. (See BC Code, Chapter 3, rule 3.4-17)