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18 October 2018 / David Fisher
Issue: 7813 / Categories: Features , Profession
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When a good lawyer jumps ship (Pt 2)

For optimum protection, firms need to ensure that restrictive covenants contain the right contractual terms & that the proper steps are taken to enforce them, as David Fisher explains

  • Whatever type of restrictive covenants partners are subject to, it is important that firms keep the restrictions under review and update them to account for changes in their business and developments in the law.

Some partnerships and LLPs choose not to impose post-termination restrictive covenants on their partners or members. This might be for cultural reasons, or (especially in small or new firms) because no partner or member wants to be prevented from competing with the firm or acting for their clients for a period of time if they happen to be the one who decides to leave. However, the majority of firms want the protection that good restrictive covenants can give to their business, and this means having the right contractual terms in the first place and taking proper steps to enforce them. Part one of this series covered the general

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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