Schedule a Consultation 619-696-0526

California Legal Ethics

Down To Serfdom

Posted by David Carr | Mar 06, 2019 | 0 Comments

The ABA Journal has the story about a law firm suing  an associate who signed a employment contract providing for three year term. The associate left after just one year. The contract includes a stipulated damages clause that requires the payment of $10,000 if the associate leaves before the end of the three years. A law firm had made a loan to the associate of $2,500 dollars for bar exam expenses. It deducted the loan and then liquidated damages from her last paycheck, but the associate came up $7,400 dollars short.  The law firm claims that it spends considerable resources on the training of new associates.

Would parties to such a contract in California violate Rule of Professional Conduct 5.6(a)(1)?

(a) Unless authorized by law, a lawyer shall not participate in offering or making:.. a partnership, shareholders, operating, employment, or other  similar  type of agreement  that  restricts  the  right  of  a  lawyer  to  practice  after  termination  of the   relationship…

Unknown.  But the words of a legal recruiter quoted in the story ring true: this can't be good for firm recuiting.

About the Author

David Carr

Biography David C. Carr ~ Ethics Lawyer   David C. Carr, an attorney in private practice in Las Cruces, New Mexico, specializes in ethics advice to California lawyers, California State Bar discipline defense, and California attorney licensing.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Me Today

Law Office of David C. Carr is committed to answering your questions about expert testimony, legal ethics advice, conflicts and disqualification, fee disputes, reinstatement, bar admission, and discipline defense law issues in California.

I'll gladly discuss your case with you at your convenience. Contact me today to schedule an appointment.

Mailing Address

2521 North Main Street
Unit 1 #242
Las Cruces, NM 88001
619-696-0526

Menu