Writing a representative matters list for a lateral move

When you interview for a lateral move, the firm will usually want more detail than a two-page resume can hold. That detail goes in a representative matters list: a deal sheet if you do transactions, a case list if you litigate. It shows the kind of work you do, how big it is, and what you did yourself. It is also the document most likely to cause trouble, because it describes client work you owe a duty to keep confidential. Here is how to write one that does its job and stays within your professional obligations.

What the list is for

A hiring partner reads your matters list to answer three questions: do you do the work the group needs, at the scale it does it, and with the level of responsibility your year of call suggests. Your resume gives the summary. The list gives the evidence. Keep it as a separate document so you can send it only when a firm asks, and so you can tailor it for each firm without rewriting the resume.

It is not the same thing as a conflicts disclosure or a business plan. Those come later, have different rules, and go to different people. More on that below.

What each entry needs

One search firm's guide to deal sheets sets out the basic parts of an entry: the type of matter, its scale, your role, and the result, written in a way that respects confidentiality (BCG Attorney Search).

Group entries under headings that match the new firm's practice groups, for example M&A, financing, and securities, or trial, appellate, and arbitration. Put your strongest and most relevant matters first in each group.

Describing your role

This is where most lists are weak. "Assisted with" and "worked on" tell the reader nothing. Say what you did: drafted, negotiated, argued, examined, led diligence, supervised a junior. If a partner drafted and you revised, say you revised.

Do not stretch. The firm will ask about entries in interviews and checks for consistency during its due diligence, so every line should be something you can discuss in detail (BCG Attorney Search). An honest list for a third-year associate that shows growing responsibility reads better than one that claims a lead role on every file.

Confidentiality: what the rules say

Canadian law society codes are built on the Federation of Law Societies' Model Code, which has been put in place in whole or in part by every law society except the Chambre des notaires du Québec (Federation of Law Societies). The wording below is from the Law Society of Saskatchewan's code, which follows the Model Code. Check your own law society's version, since numbering and wording can differ.

• The duty is broad. A lawyer must hold in strict confidence all information about a client's business and affairs acquired in the professional relationship (rule 3.3-1). The commentary says this applies whatever the source of the information and even if others share the knowledge (Law Society of Saskatchewan).
• The retainer itself can be confidential. The commentary says that unless the nature of the matter requires it, a lawyer generally should not disclose having been consulted or retained by a person (Law Society of Saskatchewan).
• Leaving out the name is not enough. Lawyers are told to avoid indiscreet communications about a client's affairs even when the client is not named or otherwise identified (Law Society of Saskatchewan).
• It does not end. The duty continues indefinitely after the lawyer stops acting (Law Society of Saskatchewan).

In practice, that means three things for your list. Describe private matters generically, by industry, size band, and issue, and leave out detail that would let a reader work out who the client is. Name a client only when the matter is already public, for example in a reported decision or a deal your firm announced, and even then remember that public does not automatically mean free to discuss. And when you are unsure, leave it out or ask the supervising partner or your law society's practice advisors.

The list is not your conflicts disclosure

Before a firm can hire you, it has to check for conflicts, and that means you will share some client information. The Model Code allows it within limits. Rule 3.3-7 lets a lawyer disclose confidential information to the extent reasonably necessary to detect and resolve conflicts arising from a change of employment, but only if it does not compromise privilege or otherwise prejudice the client (Law Society of Saskatchewan).

The Law Society of British Columbia describes the same idea in plain terms: lawyers in different firms may need to share limited information to find and resolve conflicts when a lawyer is considering joining another firm (Law Society of British Columbia). The Law Society of Alberta adds that information shared for conflict screening should not include the fees generated from a client's files (Law Society of Alberta).

Keep the two documents apart. Do not let an early interview turn your matters list into a client list, and do not send a client list before the firm's conflicts process asks for it.

Build it from your own records

Write the list from your own memory and notes, not by exporting from your firm's systems. The Law Society of Alberta's guide for lawyers leaving a firm says not to use firm resources to copy files or client lists without permission (Law Society of Alberta). Your partnership or employment agreement may also have its own confidentiality terms, so read it before you start.

A simple habit helps: keep a short private note of each matter as it closes, in generic terms, with your role and the dates. When a move comes up, the list is mostly written.

Format and length

• Match your resume. Use the same font, margins, and heading style so the two read as a set. See our lawyer resume format guide or start from the free templates.
• Keep it tight. There is no fixed page limit, but a list that runs a line onto a new page should be trimmed (BCG Attorney Search). A short list of strong entries says more than a long list of thin ones.
• Tailor the order. Keep a master version and reorder it for each firm so the matters that fit its practice come first.
• Date it. Put the month and year at the top, and update it when a matter closes or a decision is released.

Before you send it

1. Read each entry and ask whether a reader could identify a private client from it. If yes, generalize.
2. Check every named matter against the public record you are relying on.
3. Confirm every role description is something you can discuss in an interview.
4. Make sure the list and your resume agree on dates, titles, and practice areas.
5. Send it only to the people who asked for it, as a PDF, and keep a copy of what you sent.

Partners moving with a book of business will also be asked about clients and revenue. That is a separate exercise: see the lateral business plan builder and the book of business calculator.