The Ethics of Noncompetes

Live Audio Webcast (ET)

Peter A. Steinmeyer, Member of the Firm, will co-present "The Ethics of Noncompetes" a CLE webcast hosted by West LegalEdcenter.

Noncompetes are under siege, but lawyers have been exempt under Rule 5.6 of the Model Rules of Professional Conduct - a point often raised during legislative activities about noncompetes. But the restriction is not absolute. What does Rule 5.6 really mean? And, how do the confidentiality rules (Rule 1.6) and successive representation rules (Rule 1.9) affect the practical impact of Rule 5.6? Unless and until noncompetes are eliminated generally, lawyers representing parties involved in noncompete matters face multiple potential traps for the unwary. Can lawyers ethically draft a noncompete for a company with a nationwide workforce? Can lawyers ethically draft a noncompete that is going to be used for its in terrorem effect? Can and should lawyers represent the new employer and the employee it just hired?

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