Episode 180-Thinking About Starting Your Own Law Firm? Avoid These Ethical Mistakes (With Mike Rossi)

In this episode, Steve Seckler speaks with Mike Rossi, a partner at the law firm Conn Kavanaugh in Boston. Mike focuses on professional liability, business litigation, and advising lawyers and law firms on professional responsibility and risk management.

Together, they walk through the ethical and practical issues lawyers should think about when starting a new practice, especially the decisions that need to be made before a firm opens its doors.

The conversation begins with the obligations lawyers have when leaving a firm, including how to notify clients appropriately and why client choice matters. Mike explains the importance of handling departures harmoniously, avoiding premature client outreach, and understanding the fiduciary duties involved in a transition.

The episode explores marketing and business development and operational issues. Mike and Steve also discuss supervision responsibilities, the ethical use of AI tools, co-counsel arrangements, referral disclosures, and the risks that can arise when lawyers take on unfamiliar matters too quickly.

This episode is a reminder that a little prevention early on can save a lot of trouble later.

Key Takeaways

• Leaving a firm starts with your obligations to the firm and your clients, not your new business plan.
• Clients ultimately choose where their matters go, and a joint communication is the safest way to notify them.
• Legal tech competence is part of modern professional competence, so your systems should be ready on day one.
• IOLTA and trust accounting are high-risk areas for new solos and deserve careful setup before taking client funds.
• Marketing must avoid false or misleading claims, especially around results, specialization, and expertise.
• AI, supervision, and conflict checks all require active oversight; "set it and forget it" creates risk.

Key Topics

• Ethical obligations when leaving a law firm and managing client relationships
• How to navigate conflicts of interest, client notifications, and joint communications
• Essential technology and systems for risk management, including trust accounts and practice management tools
• Marketing and advertising rules: do's and don'ts for building your brand online
• The role of AI and emerging technologies in legal practice and supervision responsibilities
• Best practices for growth: supervision, hiring, and managing non-lawyer participation
• Preparing for launch: conflict checks, IOLTA setup, and ethical pitfalls to avoid

Timestamps

00:40 - Responsibilities of law firm owners beyond client acquisition

01:37 - Ethical challenges: client intake, conflicts, and engagement letters

05:24 - ABA guidance on leaving a firm and client transition rules

06:16 - Client autonomy in choosing where matters go

12:08 - Ethical duty of technological competence and practice management tools

13:48 - Trust accounting: setting up compliant IOLTA accounts

16:13 - Advertising and online marketing rules

28:44 - Using AI tools responsibly and supervising outputs