Legal counsel resigned? A 10-day action plan

By Christian Steinmetz and Maren Siegels

Short answer: When a legal counsel or compliance officer resigns, use the first ten days to secure three things: the handover during the notice period, an interim solution for capacity and the start of the search for a successor. The notice period sets the pace: in Switzerland, statutory notice after probation is 1 to 3 months to the end of a month (Art. 335c OR); in Germany, employees give at least 4 weeks to the 15th or the end of a month (§ 622(1) BGB), unless the contract says otherwise. An interim professional can bridge the time until the role is filled.

This action plan is for general counsel, heads of legal, heads of compliance and HR in Switzerland and Germany. It sets out what to do on days 1 to 10 after a resignation, which notice periods apply, what belongs in a handover record and how to inform management and the business.

Days 1–3: record deadlines, live matters, signing authority and access

In the first three days, build a complete picture while the departing colleague is still there and cooperating. Also decide whether they will work until their last day or be released from duties (garden leave); with garden leave, there is little time for a handover.

Fix the leaving date: calculate the notice period under the contract and the law, factor in remaining holiday, record the last working day.
Secure deadlines: transfer all court, regulatory and contractual deadlines for the next three months into a central register.
Record live matters: contracts under negotiation, proceedings, projects, requests from the business, instructed law firms.
Check signing authority: registered signatory powers, general and special powers of attorney, bank mandates. What must be removed or reassigned?
Check formal roles: is the colleague the money laundering officer, data protection officer or a compliance officer with regulatory responsibility? In Germany, appointment and removal of the money laundering officer must be notified to the supervisor in advance (§ 7(4) GwG), and the DPO's contact details must be published and notified (Art. 37(7) GDPR).
Record access: systems, mailboxes, data rooms, authority portals. Plan when each access right is transferred or revoked.

Notice periods in Switzerland and Germany: how much time you really have

Statutory notice periods are short, especially in the first years of service. In Switzerland, they are the same for both sides. In Germany, the longer periods in § 622(2) BGB apply only when the employer gives notice; without a contractual clause, employees give the basic period. Many employment contracts set longer periods for both sides.

Length of service	Switzerland (both sides, Art. 335c OR)	Germany, notice by employee (§ 622(1) BGB)	Germany, notice by employer (§ 622(2) BGB)
Probation	7 days; probation 1 month, up to 3 months in writing (Art. 335b OR)	2 weeks during agreed probation of up to 6 months	2 weeks during agreed probation of up to 6 months
Under 1 year	1 month to month-end	4 weeks to the 15th or month-end	4 weeks to the 15th or month-end
1 to under 2 years	2 months to month-end	4 weeks to the 15th or month-end	4 weeks to the 15th or month-end
2 to under 5 years	2 months to month-end	4 weeks to the 15th or month-end	1 month to month-end
5 to under 8 years	2 months to month-end	4 weeks to the 15th or month-end	2 months to month-end
8 to under 9 years	2 months to month-end	4 weeks to the 15th or month-end	3 months to month-end
9 to under 10 years	3 months to month-end (from the 10th year of service)	4 weeks to the 15th or month-end	3 months to month-end
10 years or more	3 months to month-end	4 weeks to the 15th or month-end	4 months, rising to 7 months after 20 years (each to month-end)

These are statutory periods. In Switzerland, they can be changed in writing, by standard employment contract or by collective agreement. In Germany, an employee's notice period may not be longer than the employer's (§ 622(6) BGB). The employment contract is therefore the first place to look.

What this means for planning: the successor also needs time, because they usually have their own notice period to serve. There is almost always a gap of several months between departure and arrival. Plan the interim solution for that gap, not just for the notice period.

Days 4–7: decide on the interim solution (internal, law firm, interim)

On days 4 to 7, decide who will do the work after the departure. Separate urgent tasks from strategic projects that the permanent hire can take on later.

Option	Fits when	Limit
Internal redistribution	Small volume, spare capacity in the team	Rarely lasts for months; overload leads to further resignations
Law firm	Individual specialist questions, proceedings	Expensive for day-to-day work; knowledge stays outside
Interim professional (staff leasing or freelancing)	Day-to-day work must continue and the time to hire is open	Needs a brief, system access and a contact person in the company
Interim head of legal	The head of the legal department has resigned	Authority and reporting line must be clear before the start

Alpinum Solutions provides legal and compliance professionals for vacancies through staff leasing and freelancing, part-time or full-time. Shortlisted profiles are usually available within 48 hours; the company and Alpinum agree the start date together. If the interim professional starts before the departing colleague leaves, the handover can happen directly between them. If the head of legal is leaving, an interim head of legal is the right role.

Days 8–10: start recruiting and set up the interim bridge

On days 8 to 10, two strands run in parallel: the search for a successor starts, and the interim bridge is set up contractually and organisationally.

Review the role profile: does the old role still fit, or does the team need a different profile, such as more compliance or more senior experience?
Launch the search: internal posting, own recruiting or executive search. Our comparison of legal recruiting and interim support covers the options.
Sign the interim contract: a term with an extension option and short notice to end. In Germany, the contract must expressly be labelled as Arbeitnehmerüberlassung (German temporary agency work) and identify the individual before the assignment (§ 1(1) sentences 5–6 AÜG).
Set a decision date: fix a date well before the planned end of the assignment to decide on an extension if the permanent hire is delayed.
Keep temp-to-perm in mind: a move of the interim professional into your team (temp-to-perm) is possible; the terms are agreed in advance.

Handover record: the twelve items that must never be missing

A handover record is complete when a successor or interim professional can continue without asking. These twelve items belong in it:

Matter register with status, next step and priority
Deadline list for the next six months
Contracts under negotiation with latest position and open points
Live proceedings and contacts with authorities
Instructed law firms with mandate, budget and contact
Internal contacts per business unit
Signing powers to be transferred or removed
Formal roles and required notifications
File locations, templates and clause library
System access with date of transfer or revocation
Known risks, disputes and escalations
Recurring tasks: reports, training, board and committee dates

Communicating with management and the business

Inform management on day one or two, and the business units once the interim solution is in place at the latest. Early, factual information stops requests from going unanswered.

Management: leaving date, critical deadlines and risks, planned interim solution, budget needed, timeline for the successor.
Business units: who the contact is from when, which requests may be delayed, how urgent cases are escalated.
External parties: law firms, supervisors and key counterparties where the colleague was the contact.

Reasons for the resignation do not belong in the message. Keep it short and name the new contact.

Limits and risks

An interim professional does not replace the decision about the future role profile. Use the interim period to sharpen it.
Without a handover record, every successor starts with a fresh stocktake. That costs weeks.
Alpinum provides professionals and is not a law firm. Responsibility for the legal work stays with the company.

Frequently asked questions about a resignation in the legal team

How long does it take to replace a legal counsel?

Add the new hire's notice period to the search time. In Switzerland, statutory notice after probation is 1 to 3 months to the end of a month (Art. 335c OR); in Germany, employees give at least 4 weeks, often more by contract. There is therefore usually a gap between departure and arrival that an interim professional can bridge.

Can an interim lawyer stay until the role is filled?

Yes. In Switzerland, staff leasing has no statutory maximum duration. In Germany, the same temporary worker may be assigned to the same client for at most 18 consecutive months (§ 1(1b) AÜG); earlier assignments count if the gap was three months or less. Freelancing follows the agreed mandate.

Can I hire an interim lawyer permanently later?

Yes. A move into your team (temp-to-perm) is possible; the terms are agreed in advance. This works well if the assignment shows that the professional and the team are a good fit. Raise the topic at the selection stage so that it does not delay the search for a permanent hire later.

What belongs in a handover record?

A handover record contains at least a matter register, a deadline list, contracts under negotiation, live proceedings, instructed law firms, internal contacts, signing powers, formal roles, file locations, system access, known risks and recurring tasks. The aim is that the successor can carry on without a fresh stocktake.

What applies if a money laundering officer resigns?

In Germany, obliged entities must appoint a money laundering officer and a deputy; appointment and removal must be notified to the supervisor in advance (§ 7(1), (4) GwG). The deputy takes over first. The role can be outsourced after notification; BaFin requires notice at least 2 weeks before the start.

Next step

Tell us the leaving date, tasks and the workload you need covered. We will show you what a bridge to the permanent hire can look like.

Last updated: 30 October 2026.

Your legal counsel has resigned: a 10-day action plan