Ok, here is my third Blog Post in so many weeks on covenants not-to-compete.
If you read my last blog post on non-compete agreements, you will recall that I mentioned that non-competes are unenforceable against lawyers.
You might ask the question: What happens when law firms attempt to bind their attorneys to non-competes?
I’m glad you asked.
See the ABAJournal article that came out today: “Lawyer is reprimanded for including noncompete provision in associate’s contract” here
What’s most interesting is the lawyer’s comment – that he wasn’t going to really enforce the non-compete.
Well, of course he wasn’t. Can you imagine a Judge hearing that case? The Judge knows the law, and would sanction the lawyer for bringing the lawsuit to enforce a covenant not-to-compete.
The lawyer’s answer really underscores a broader point: in general, many businesses will have employees sign non-competes that they never intend to enforce – simply in hopes that it deters the employee from attempting to compete.
Questions? Comments?
email: Jeshua@dwlawpc.com
Purpose Driven General Counsel 