I am a partner in a law firm and I’ve decided to leave the firm and start my own law firm. In my partnership agreement, it is required that I give four months’ notice before I leave. Is such a provision unethical or illegal?
The question is an interesting one and gets into the question of whether law is a profession or whether law is a business. A business can have restrictions, if properly drafted, on employees who leave in terms of their ability to compete with the business. Generally, since law is a profession first—and a business second—a lawyer cannot have restrictive covenants in their employment or partnership agreements.
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