The legal market is continually changing and evolving. The irony is that such change is caused, at least in part, by the upheaval associated with mergers, dissolutions and lateral movements. Law firm dissolutions in particular have created issues related to “unfinished business.” These issues arise when attorneys leave law firms that later dissolve or collapse to join new law firms, taking business and clients with them. Much has been written addressing the issue in detail, including the Jewel doctrine, named from Jewel v. Boxer, 156 Cal. App. 3d 171, 203 Cal. Rptr 13 (Cal. Ct. App. 1994).
In California, most practitioners are familiar with what is referred to as a Jewel waiver. This constitutes an agreement where partners agree to give up all rights for themselves and the partnership itself to the partnership’s “unfinished business” claim when a partner leaves the firm.
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