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Ethical Issues Arising When A Lawyer Leaves A Firm: Restrictions On Practice, Daniel J. Capra, Richard Friedman, Arthur Handler, Diana Parker
Ethical Issues Arising When A Lawyer Leaves A Firm: Restrictions On Practice, Daniel J. Capra, Richard Friedman, Arthur Handler, Diana Parker
Fordham Urban Law Journal
Restriction on covenants not to compete have been a long-time feature of legal practice. Rules prohibiting law firms from restricting lawyers' ability to practice or imposing penalties on lawyers that leave a firm attempt to balance the law firm's interest in survival in a competitive market with the countervailing interests of attorney mobility, and protecting clients' choice of counsel. Restrictions on covenants not to compete should be vigorously enforced, and the exception that allows for the forfeiture of retirement benefits by attorneys that choose to leave a firm should be narrowly applied to only those funds to which the departing …
A Critique Of Lawyers' Ethics In An Adversary System, William R. Meagher
A Critique Of Lawyers' Ethics In An Adversary System, William R. Meagher
Fordham Urban Law Journal
Monroe Freedman’s book is largely a reiteration of his unorthodox views, previously aired in various law reviews and other professional publications, regarding ethical standards that should govern the conduct of the trial advocate. Since his positions contradict the behavioral principles codified in two publications of the American Bar Association—the Code of Professional Responsibility and the Standards Relating to the Defense Function—the author adopts the apologetic strategy of impugning both the credibility and the viability of these precepts in order to justify his contrary stance and to clear the way for its general acceptance.