From salary wars to lateral hires, London’s legal press is awash with stories about intensifying competition between U.S. and U.K. firms. But there are various legal issues U.S. firms should consider when hiring partners from U.K. firms, and also some cultural differences in relation to partner duties and restrictions.
One of the key differences between U.S. and U.K. law firms is that U.K. firms are typically more successful at institutionalising client relationships, as they are able to deploy a number of tools in their legal armoury to protect clients from being poached by departing partners, including lengthy notice periods, “waiting lounge” provisions, gardening leave and restrictive covenants. Such restrictions will be unfamiliar territory to U.S. law firms, which are used to operating in an environment where much greater weight is given to professional autonomy and client freedom of choice, as professional conduct rules in many U.S. states prevent lawyers from entering into agreements that hamper their ability to practise after leaving a firm.
