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When a good lawyer jumps ship

08 June 2018 / David Fisher
Issue: 7796 / Categories: Features , Profession
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How can law firms protect their interests when a key lawyer leaves? David Fisher looks at current law & practice on restrictive covenants

  • Looks at scope of restrictive covenants against lawyers.
  • Considers how courts would treat Bridge v Deacons today.

Like any other type of business, law firms need protection when key individuals leave to join a competitor. Most firms—but by no means all—include post-termination restrictive covenants in their partnership agreements and employment contracts, but they have to be drafted carefully and used appropriately, otherwise they are likely to be unenforceable.

The basic starting position is that restrictive covenants are void on grounds of public policy as they are in restraint of trade, but the law will allow them provided:

  • They are necessary to protect one or more of the firm’s ‘legitimate business interests’, which normally means its trade secrets or confidential information, its client or supplier connections, or the stability of its workforce; and
  • They go no further than is reasonably necessary between the parties to protect those interests.

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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