Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
What Can Lawyers Take with Them Other Than People?
Many articles have highlighted the increasing trend of attorney mobility. See, e.g., Robert W. Hillman, The Property Wars of Law Firms: Of Client Lists, Trade Secrets and the Fiduciary Duties of Law Partners, 30 Fla. St. U. L. Rev. 767 (2003). In the midst of this changing landscape, however, lawyers are confronted with ethical obligations originally formulated during an era when lawyers, and particularly partners, were much less likely to leave their firms. Compounding the challenges confronting lawyers who wish to leave is that, in addition to a review of state ethics rules, they also might need to consider partnership law, agency law, trade secret law, tortious interference/unfair competition law, and property law.
While many of these issues have been addressed in recent literature, the focus has generally been on how and when a lawyer should inform the firm and clients that she is departing, and how and when she can solicit the firm's current or former clients or the firm's employees, all in the context of the general primacy of the client's interests during the lawyer's transition. See, e.g., Wayne N. Outten, Advising and Representing Law Firm Partners, National Employment Lawyers Association, Oct. 4, 2011; but see Hillman; Allison D. Rhodes, Client Files in the Digital Law Practices: Rethinking Old Concepts in an Era of Lawyer Mobility, UC Davis Legal Studies Research Paper Series, December 2010; Douglas R. Richmond, Yours Mine and Ours: Law Firm Property Disputes, 30 N. Ill U. L. Rev. 1 (2009). An important missing piece of this discussion is the departing lawyer's entitlement to electronic and hard copy documents created during the lawyer's time with the firm.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.