{ "media_type": "text", "post_content": "Non- compete: can you ever sign a non-compete when going in-house? Thanks!", "post_id": "60fb35844d74c000225b3557", "reply_count": 19, "vote_count": 1, "bowl_id": "5dc50686129b3e0021a249b4", "bowl_name": "In-House Counsel" }

Non- compete: can you ever sign a non-compete when going in-house? Thanks!

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Nope. Ethically, lawyers cannot have non-competes

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Companies can but generally unenforceable … unless lawyer is performing business activities too. If you work for CA employer or practice CA law, non competes generally are unenforceable for many professions so you can always sign if concerned and rely on that as a backup defense if needed.

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Check the professional rules where you practice, but most jurisdictions I am aware of have a version of model rule 5.6. I’ve traditionally read that as a hard-pass. Pretty sure the rule spells trouble for the lawyer who writes the agreement and the lawyers who sign it.

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Punish the dumb victim y’all😩😩the bar just wanna watch the world burn

Also depends on the non compete. Conveniently, I just had to do some research on this for one of our clients and while the non compete can’t restrict future legal services, and depending on the state, it can restrict any job/business functions that don’t constitute the practice of law. Hope that helps.

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Good to know! Thanks!

I know people who have signed them. Depends on the role and the state

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It is for an in house counsel role - I am going to work remotely for a company in another state. I checked both states and both seem to have model rules that don’t allow lawyers to make non-compete. Can I use this to push back? Thanks!

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Thanks!! Sent it back to GC, citing the state rule that similar to 5.6, and no response yet.

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That’s a good point I never thought about - my practice is federal.

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One thing to keep in mind, even if the ethical rules say you can’t do this, that doesn’t mean as a matter of contract law it can’t be enforced.

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It was in my contract and I notified them attorneys can’t and they struck it

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