Tag Archive: Buying & Selling a Practice

Selling your law practice with a covenant not to compete

Where courts have refused to uphold a covenant not to compete given by one lawyer to another in the sale of a law practice, one of the primary arguments against validating the covenant is that clients have a right to counsel of their own choosing. And, the argument continues, saying that a lawyer cannot practice law in a given area for a reasonable period of time restricts that right.
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Closing a law practice

The New Hampshire Bar Association Ethics Committee, in May 2007, wrote an opinion or (my term) "white paper" as part of its ethics studies on closing a law practice.

It’s a good summary of factors to consider, though certainly not complete.  And, since the date of this opinion/white paper, the Supreme Court of NH has approved a new set of Rules of Professional Conduct which include Rule 1.17 explicitly permitting the sale of a law practice in NH for the first time.


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Sale of law practice o.k. in New Hampshire

Rule 1.17 was adopted this month in New Hampshire, effective January 1, 2008. It’s rule 1.17 provides, as does the ABA Model Rule 1.17, that an entire law practice, or an area of a law practice,  can be sold.  (Thanks to Bruce Dorner for the
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Law firm goodwill value “knocked” by New York Bar

New York’s DR 2-101 (22 NYCRR 1200.7) states: "… (b) A lawyer in private practice shall not practice under a trade name…"

If lawyers’ names must be used in the title of a firm, as seems to be the case under the new advertising rules in NY, any lawyer that would be interested in purchasing the law firm (permitted in New York) would either have to "retire" the selling lawyer (and keep the name in the firm "trade name" since the rule enables the name of a deceased or retired member of the firm to be retained) or change the firm name.
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Even “bad” law firms have goodwill

The case of Baker v Dorfman, 03 Civ 1168, as reported in the New York Law Journal of March 21, 2006, was interesting.

As I read the article, the case confirmed what I’ve been saying for years about the sale of law practices. (more…)


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