Restrictive Covenants Might Enhance Ethical Factors for Attorneys

Our colleagues Peter A. Steinmeyer, Erik W. Weibust, and Angel A. Perez, attorneys at Epstein Becker Inexperienced, co-authored a 2022 Thomson Reuters Wise Laws Observe Remember titled “Ethical Factors for Attorneys Related to Restrictive Covenants.”

Following is an excerpt (see beneath to acquire the whole mannequin in PDF format):

Corporations all through the US typically use non-compete agreements and totally different restrictive covenants to protect the company’s dependable enterprise pursuits. These agreements are used with employees the least bit ranges nonetheless sometimes take care of these with entry to the company’s commerce secrets and techniques and methods and confidential information. In-house attorneys, particularly, would possibly sort out non-legal, enterprise roles that expose them to delicate information that the company seeks to protect from rivals and public disclosure.

As attorneys swap firms or switch in-house all through their careers, they could be requested to sign non-competition, non-solicitation, and confidentiality agreements. Sooner than coming into into these agreements, attorneys must ponder whether or not or not the agreements are permitted beneath their state’s expert ethics pointers. This Remember discusses numerous the important thing ethical factors for attorneys to ponder throughout the context of restrictive covenants.

Whereas there is not a set of nationwide ethics necessities, all states (apart from California) and the District of Columbia base their ethics pointers on the American Bar Affiliation’s (ABA) Model Tips of Expert Conduct (ABA Model Tips). This Remember refers to every:

    • The ABA Model Tips because of they replicate the important framework for the necessities {{of professional}} conduct utilized all through the nation.
    • State pointers {{of professional}} conduct (RPC), which are normally numbered to correspond to their ABA Model Rule corollaries. Many states have modified the ABA Model Tips, so attorneys must refer and cling to their native ethics pointers when considering whether or not or not specific agreements would possibly set off an ethics violation.

Study the whole article, “Ethical Factors for Attorneys Related to Restrictive Covenants,” in PDF format.