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
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.