Non-Compete Caution: Protecting The Attorney-Client Privilege

When non-compete and trade secrets lawyers are advising an employee who is preparing to transition from one employer to another, ensuring that the client's intentions remain confidential is paramount. Often, the overriding concern is making sure that the individual's present employer does not discover the employee's intentions before he or she is ready to "jump." For this reason, many of us have admonished individual clients over the years to be sure they do not communicate with counsel from their present employer's telephones or computers. A recent Formal Opinion issued by the ABA Standing Committee on Ethics and Professional Responsibility offers yet another reason for non-compete lawyers to be sure they offer this advice to clients.