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Don't professional rules say that non-competes are unenforceable against attorneys?
They're not enforceable against attorneys since clients have the right to choose their legal counsel. Yes, that includes companies and who they hire as their in house lawyers.
I signed mine knowing it’s unenforceable against me.
I signed one, I think all employees at a certain level at my new company have to sign them but they’re of questionable enforceability especially for attorneys.
Rising Star
I'd first try not to sign. Then I would limit the geographic scope and duration. And then I might sign. But first I'd ask to talk to the in house attorney who drafted it to see if they signed it.
They did. And they knew it wasn’t enforceable. When it comes to corporate you just go along so everyone can check their boxes off and move on.
I’ve seen them enforceable only when tied to vesting equity. In other words, if you break the agreement, you lose some portion of invested equity or some such. I would definitely ask the HR rep or hiring manager about the agreement regardless - makes you look like a good attorney.
Rising Star
I have signed these in the past, knowing they are generally not enforceable. Many companies have a standard form they make all employees sign. I was also aware the particular companies I worked for did not have a history of trying to enforce them against employees in any department
I’m going in house and they’re requiring one from me.
I didn't sign one when I moved recently
I didn’t sign one.
Is this enforceable?
I doubt they even differentiate between the positions. I just signed the standard EE agreement. I’m not concerned about it limiting my future mobility.
Depends on the state, but generally unenforceable
Yeah, this sounds like an HR dept that sends these out as a scare tactic, despite having been told it’s entirely unenforceable. Depending on who you’re negotiating with on comp, could be a chance to squeeze the lemon a bit more. Otherwise, sign it and forget about it.
I didn’t sign one
I wasn’t asked to sign one in my role but I know a friend had to sign one.
I did sign mine but figured it is unenforceable so I didn’t care
The provision is unenforceable across all states and HR depts. within companies know this fact - but they aren’t prepared to create employment agreements tailored to attorneys.
Note, however, that they may couple this provision with a non-solicitation provision w/r/t fellow in-house colleagues if you leave and attempt to recruit from your prior employer.