Would it be ethical for a lawyer to draft an employment contract in which a fast food worker is paid not with money, but only in burgers and fries? What if the lawyer’s client—the employer—asked for it?

Most lawyers would balk at fulfilling such a blatantly illegal request. Unfortunately, for years, many lawyers have done something very similar: They’ve routinely included clearly illegal or unenforceable terms—like bogus noncompete agreements—in worker contracts.

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