How do things work when partner makes lateral move & takes their associates? OPTION A: partner consults associates before resigning; negotiates salaries/bonuses with new firm & presents it as a “package deal”; partner & associates resign from current firm or OPTION B: partner resigns & accepts offer from new firm; partner informs associate about move & asks them to join; partner asks new firm to offer associates best comp possible but leaves associates to negotiate the specifics themselves.

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Mine was: partner resigns and placed on gardening leave (blocked from logging on). His new firm's HR reached out to us individually with an offer. Up to us to accept, reject or negotiate.

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A2: definitely was a huge mess. It was really awkward for us because we would go on calls or into meetings with partners who didn't know the case and was doing their ultimate best to move the matter onto their own colours, and clients would call us (the associates) on what they should do. In that one week, I saw the messy, ugly and pretty cut throat nature of partnership at a law firm.

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Usually there are rules that the partner cannot poach associates until accepting new offee

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Yes but wondering if it is generally honored in the breach ?

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In NY, if a departing partner solicits associates prior to his/her resignation, that partner WILL be sued. If the law firm can prove that the partner solicited in advance of his/her resignation, the results can be quite dramatic and severe. You can look up court cases on this point.

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In my case, partner told me they were leaving and that there would be an advertised vacancy appearing later that day that I should respond to. Assume they thought that somehow protected them more.

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I've always seen and known it to be along the lines of option B. As others have stated, there can often be serious consequences for poaching.

Watered down B

In my case, the partner did not tell me they were leaving until they formally gave notice, then could not solicit me until they left. The day after they left, I received my offer, which was fully negotiated by them on my behalf.

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