Jumping Ship (and Taking the Crew): Can Law Firm Partners Solicit Their Firms' Employees?

Recently, several prominent partners have left their law firms to set up shop with a competing establishment. As was the case in each of these instances, a partner seldom leaves the firm alone — often staff, associates, and even other partners join the new endeavor. May a departing partner solicit others to join him or her without violating fiduciary duty to the original firm? At what point must the departing partner notify the partnership of his or her efforts to recruit firm employees? This article suggests that partners may solicit attorneys and staff of their original partnership without violating their fiduciary duty, as long as the manner of their solicitation conforms to their fiduciary duty.

11 minute read May 31, 2007 at 11:48 AM

By

Wayne N. Outten And Cara E. Greene