Moonlighting Forum

Anonymous User · Post by **Anonymous User** » Sun Oct 07, 2012 7:31 pm

I assume there are non-compete and anti-moonlighting clauses in big firm contracts. Does anyone know to what extent these terms are applied? Thinking of things like real estate closings for family business - not litigating something on the side or anything.

The Duck · Post by **The Duck** » Sun Oct 07, 2012 8:27 pm

Any legal work would be troublesome because all of those clients would need to be conflict screened through your firm. That can take days to weeks and I doubt they'd be on board with undertaking that so you can make extra money. Even if you represent the family business, you'd have to make sure you weren't adverse to any firm client so a conflict check would still need to be done.

If it's a rare occurrence, I know the firm I summered with allow lawyers to open matter #s for their own stuff (and I think for family members), conflict screen them, and do it on their own time, but they could even use firm letterhead (presumably they weren't being paid though). One associate was representing himself in a suit against his landlord.

arizonairish · Post by **arizonairish** » Mon Dec 03, 2012 10:09 pm

Are there any rules concerning non-legal business activities. I have an SA but took over as a principal on a family LLC selling appliances?

Gorki · Post by **Gorki** » Mon Dec 03, 2012 11:03 pm

arizonairish wrote:Are there any rules concerning non-legal business activities. I have an SA but took over as a principal on a family LLC selling appliances?

I would seriously just ask the firm. It sounds like you are fine, but the firm has their own policies and its better to do what they say then take a course of action based upon what a bunch of TLSers say.

BeenDidThat · Post by **BeenDidThat** » Tue Dec 04, 2012 12:04 am

arizonairish wrote:Are there any rules concerning non-legal business activities. I have an SA but took over as a principal on a family LLC selling appliances?

You'll also have to make the firm a priority or you'll be out. If it's a relatively simple business, it might be doable, but counterparties in vendor contracts might get difficult for conflicts.

As the above poster said: ask your firm. They might look at you funny, given that you'll already be working 50-80 hours a week (assuming biglaw), but if you're willing to work 80+ a week, you can produce well for the firm, and there aren't conflicts, I would think the firm would tolerate it.

BeenDidThat · Post by **BeenDidThat** » Tue Dec 04, 2012 12:05 am

Anonymous User wrote:I assume there are non-compete and anti-moonlighting clauses in big firm contracts. Does anyone know to what extent these terms are applied? Thinking of things like real estate closings for family business - not litigating something on the side or anything.

The bigger problem will probably be malpractice insurance. Just ask your firm.

Anonymous User · Post by **Anonymous User** » Tue Dec 04, 2012 12:23 am

What about a catering business or something like that, food related as a hobby.

paratactical · Post by **paratactical** » Tue Dec 04, 2012 12:27 am

It is incredibly unlikely that any firm of any size will support you moonlighting in any other legal work because of insurance issues.

I have seen big law firms make exceptions for hobby endeavors (i.e. writing a novel, speaking engagements), but anything geared toward turning a profit is generally nixed promptly. Smaller law firms will give more leeway.

goldeneye · Post by **goldeneye** » Tue Dec 04, 2012 12:50 am

Anonymous User wrote:What about a catering business or something like that, food related as a hobby.

more likely if you serve your bosses before you ask them.

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