The law firm alleges Sarris tried to lure the most profitable clients to his new firm, even though he never represented most of them. Sarris denies any wrongdoing.

"I suppose it would take a fairly sophisticated IT program to prevent that, but then you are left with the prospect of not trusting your associates and partners," said RisCassi & Davis partner and personal injury attorney John Houlihan Jr. "You want your attorneys to flourish, and you want the clients to be well-served. But also if someone leaves, they should sit down and act like grown-ups, and not do it in the dark of night."

Houlihan said that in his 41 years with the firm, "We've only had a handful of times that lawyers left to go to other firms and wanted to take clients, and that became an issue. The issue was addressed and resolved, and there was no litigation."

There is a difference of opinion among some attorneys over when an outgoing attorney should contact his clients.

Stratford employment attorney Robert Mitchell said what Sarris is alleged to have done, with regard to contacting clients with whom he had no relationship, is a "no-no." But there's a caveat.

"I see no problem with an attorney using information from a firm's database to make contact with clients he regularly works with," Mitchell said. "There are people out there who disagree with that violently."

David Atkins, who represents lawyers and law firms in legal malpractice cases and other litigation, said he believes that ideally outgoing attorneys should work with their old firms to reach agreements that give clients the final say.

"I think it should be done cooperatively where both sides agree to send out written ballots to the client so the client can choose for themselves," said Atkins, a Pullman & Comley attorney for 13 years. "The sensible way to resolve it is with ballots with wording both sides agree on. There should be three choices, and that being the client stays with the firm, goes with the departing lawyer, or sends their files somewhere else."

Atkins said he's not sure how many firms use that method, but he favors it.

Mitchell, a partner with Mitchell & Sheahan in Stratford, said, "It's very common for an attorney to take his clients with him to another firm."

But having said that, Mitchell notes that law firms differ on what they will do about attorneys who do such a thing.

"It varies across the board. Some firms are very open about this and don't get upset or offended. They say let the open market, so to speak, work. Some other firms go the other way and think they control the client list period, and that all of the clients are theirs and that the departing lawyer only leaves with the shirt on their back," Mitchell said Wednesday. "The majority of law firms fall somewhere between those two extremes."

Mitchell, who has worked for six law firms in three states and is vice chairman of the Connecticut Law Tribune's editorial board, said, "I've seen both situations. Some say they are fine with the clients going and others want to fight to the death."

Houlihan said, in the end, the final say should come down to what the client wants and needs.

"The client has the ultimate decision. That is the key," Houlihan said. "Who has a greater right to the case is secondary to the clients wishes."

Mitchell, Houlihan and Atkins have no legal involvement in the Cicchiello & Cicchiello lawsuit.