Putting off the competition

07 Nov 2019

Most English legal services firms who are limited liability partnerships (LLPs) include in their agreement one or more covenants which restrict what the partners can do once they leave the firm.

Often, however, they have not been updated to reflect changes to the firm’s business. Fifty years ago, it would have been common to see the scope of covenants defined by geographical area.

A covenant restricting someone from operating within a distance of a few miles is now rare. Non-solicitation, non-acting and non-poaching covenants are much more common today.

However, these can be difficult to enforce, particularly in an age of social media; and there has been much interest in r...

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