Celesq® Programs

The Ethics of Noncompetes

Active
Program Number
31116
Program Date
2021-06-02

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 you ethically draft a noncompete for a company with a nationwide workforce? Can you ethically draft a noncompete that is going to be used for its in terrorem effect? Can you - and should you - represent the new employer and the employee it just hired?

Available in States

  • California
  • Colorado
  • Florida
  • Georgia
  • New Jersey
  • New York
  • Texas Self Study

Program Categories

  • Business Organizations & Contracts
  • Contracts
  • Employment & Labor Law
  • Ethics & Professionalism
  • Federal Courts
  • Florida Eligible
  • Regulatory and Administrative Law