The BigLaw Exit Checklist: What to Do in the 90 Days Before You Leave Your Firm

Leaving BigLaw to start your own practice is a significant career milestone, but the transition requires careful planning to protect your clients, your finances, and your professional reputation. According to NALP Foundation data, 83% of associates who depart large firms do so within five years of being hired. If you are preparing to make the leap to solo practice, the three months before your departure are critical.

This 90-day checklist covers the essential ethical, financial, and logistical steps you must take before handing in your resignation.

Day 90: Financial Audits and Malpractice Coverage

The first step in planning your exit is securing your financial runway and understanding your insurance obligations. BigLaw salaries can create lifestyle inflation that makes leaving feel impossible, but an honest audit often reveals a much lower baseline cost of living.

First, calculate your true monthly expenses and establish a runway. Most experts recommend saving six to twelve months of living expenses before launching a solo practice. This cushion allows you to focus on building your client base without the immediate pressure of generating revenue in month one.

Second, investigate your malpractice insurance situation. When you leave a firm, you lose the protection of its ongoing professional liability policy for any future claims related to your past work. You must determine whether your current firm's policy covers departing attorneys or if you need to purchase an Extended Reporting Period endorsement, commonly known as "tail coverage." If your former firm dissolves or cancels its policy, you could be left personally liable for past work unless you secure tail coverage or "prior acts" coverage on your new solo policy.

Day 60: Ethical Obligations and Restrictive Covenants

Two months before your planned exit, you must review your employment contract and understand your ethical duties regarding client communication.

Review your partnership agreement or employment contract for non-solicitation clauses. While the general rule is that restrictions on the practice of law, including strict non-compete agreements, are void and unenforceable, non-solicitation clauses regarding firm employees or specific clients may have different nuances depending on your jurisdiction.

Ethically, you have a joint obligation with your current firm to inform clients of your departure. The American Bar Association emphasizes that clients have the ultimate right to choose their counsel. You must not secretly solicit clients before notifying the firm of your resignation, but you are obligated to ensure that clients whose matters you are actively handling are not prejudiced by your departure.

Day 30: Infrastructure and Entity Formation

With one month remaining, you need to establish the physical and legal infrastructure for your new practice so you can hit the ground running on day one.

Form your legal entity, typically a Professional Limited Liability Company (PLLC) or a Professional Corporation (PC), depending on Ohio regulations. Open your operating and IOLTA trust accounts, ensuring strict compliance with state bar rules regarding the handling of client funds.

Secure your professional address. You cannot use your home address for your law firm without compromising your privacy and professional image. This is where securing a dedicated office space becomes critical.

The Importance of a Professional Address: Using a premium downtown address not only protects your privacy but also signals stability and credibility to potential clients. It allows you to comply with advertising rules and provides a secure location for receiving sensitive legal documents.

Resignation Day: The Professional Exit

When the day arrives, professionalism is paramount. Do not take any proprietary firm documents, templates, or client files without explicit authorization. Doing so can lead to intellectual property disputes and ethical violations.

Return all firm property, including laptops, keys, and access cards. Work cooperatively with your firm's leadership to draft a joint communication to your clients, explaining the transition and giving them the choice to stay with the firm or move their files to your new practice.

Leaving a large firm is daunting, but thousands of attorneys have successfully navigated the transition to build thriving, autonomous solo practices. By managing your financial runway, respecting your ethical obligations, and securing the right infrastructure, you can leave BigLaw on your own terms.

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