March 24, 2020 4 minutes to read · 1000 words

Firms May Force Lawyers to Sign Non-Solicitation Contracts

By Onika K. Williams

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Reprinted with permission from Litigation News, Winter 2020, Volume 45, Number 2, at 6. ©2020 by the American Bar Association. All rights reserved. This information or any or portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

A firm can fire a lawyer who is an at-will employee and who refuses to sign an agreement for non-solicitation of the firm’s current or potential customers. According to the Supreme Court of Kentucky, a non-solicitation agreement that makes an exception for legal work does not violate Kentucky Supreme Court Rule 3.130 (Rule of Professional Conduct 5.6), which prohibits a lawyer from agreeing to restrict her practice following cessation of employment, with certain exceptions.

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