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Posted: Thu Jul 29, 2021 2:53 pm
by Anonymous User
Have an in-house offer at a late stage startup with a noncompete. How standard/non-standard is this? Should I push back
Re: Non-compete in inhouse offer
Posted: Thu Jul 29, 2021 4:39 pm
by blurbz
Look up ethics opinions in your state. Many states have opined that the model rules (Model Rule 5.6) prohibit lawyers from signing non-competes because limiting a lawyer's right to practice is against the public good. I know a few people who have used the model rules argument to strike non-competes in inhouse contracts.
Re: Non-compete in inhouse offer
Posted: Thu Jul 29, 2021 5:22 pm
by sparty99
Anonymous User wrote: ↑Thu Jul 29, 2021 2:53 pm
Have an in-house offer at a late stage startup with a 12month noncompete. How standard/non-standard is this? Should I push back?
I always thought these were invalid for lawyers. I would research.
Re: Non-compete in inhouse offer
Posted: Thu Jul 29, 2021 5:55 pm
by Anonymous User
Related question: My in-house employment agreement governed by NY law includes a nine-month non-compete that I (perhaps unwisely) signed. I (now) know there's NY ethics opinions that attorneys can't enter into agreement restricting their ability to practice law. Any idea on what this means in practice (i.e. is it just unenforceable, subject to disciple, etc.)?
@OP - If you're in NY, there's an ethics opinion here related to do.
https://nysba.org/ethics-opinion-1151/