Springtime is often the time of year when partners leave their firms for greener pastures. Making “the move” is frequently a difficult process fraught with twists, turns and surprises that sometimes hinder and unnecessarily complicate the departure. Among the difficulties is that many partnership agreements contain a “notice provision” which requires a partner to remain at the firm until the specified notice period expires.
The enforceability and propriety of a notice provision frequently become a point of contention between a partner and his soon-to-be former firm. In this month’s column, we analyze notice provisions in law firm partnership agreements and discuss their enforceability.