Ethical Issues Arising When a Lawyer Leaves a Firm: Restrictions on Practice

Authors

Daniel J. Capra, Committee on Professional Responsibility, Association of the Bar of the State of New YorkFollow
Richard Friedman, Committee on Professional Responsibility, Association of the Bar of the State of New York
Arthur Handler, Committee on Professional Responsibility, Association of the Bar of the State of New York
Diana Parker, Committee on Professional Responsibility, Association of the Bar of the State of New York

Keywords

Lawyer, partner, withdrawal, law firm, non-competition, restrictive covenant, employment, partnership

Abstract

Restriction on covenants not to compete have been a long-time feature of legal practice. Rules prohibiting law firms from restricting lawyers' ability to practice or imposing penalties on lawyers that leave a firm attempt to balance the law firm's interest in survival in a competitive market with the countervailing interests of attorney mobility, and protecting clients' choice of counsel. Restrictions on covenants not to compete should be vigorously enforced, and the exception that allows for the forfeiture of retirement benefits by attorneys that choose to leave a firm should be narrowly applied to only those funds to which the departing attorney is not already entitled.

Recommended Citation

Daniel J. Capra, Richard Friedman, Arthur Handler, and Diana Parker, Ethical Issues Arising When a Lawyer Leaves a Firm: Restrictions on Practice, 20 Fordham Urb. L.J. 897 (1993).
Available at: https://ir.lawnet.fordham.edu/ulj/vol20/iss4/5