tag:blogger.com,1999:blog-7058786915356669476.post3207070802765560992..comments2024-03-05T15:47:04.832+00:00Comments on SOLO IP <br> for sole and small IP practices<br>: Restrictive Covenants and Leaving with a Client FollowingFilemothttp://www.blogger.com/profile/15735898485265104580noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-7058786915356669476.post-7474980983617873012012-02-28T15:27:07.852+00:002012-02-28T15:27:07.852+00:00It isn't the attorneys doing the work who are ...It isn't the attorneys doing the work who are the brand for a law firm, although the work they do can enhance or diminish the perception of the brand by their clients. It is the lawyers as a whole body and the impression of their skill care and approach based on the firm's history that are the brand. That's why good firms mean it when they say their biggest asset is their people and why they take such care in recruiting and managing them. <br /><br />Anyone who has tried to sell their own service while at different firms will know the truth of this. Certainly i got a different hearing when bearing a magic circle brand than I did offering similar services with the brand of a less well-known firm!Botzarellihttps://www.blogger.com/profile/03867490302250805755noreply@blogger.comtag:blogger.com,1999:blog-7058786915356669476.post-85193339167414904072012-02-28T14:48:56.844+00:002012-02-28T14:48:56.844+00:00"brand and abilities":
Any 'brand&#..."brand and abilities":<br /><br />Any 'brand' of value is generated by the attorneys doing the work, so if the attorney leaves, the brand is diluted.<br /><br />If Coke start changing their recipe while relying on their brand to keep hold of customers then they will quickly lose out, just as they did. Markets where old brand names are relied upon to make sales exist in the clothes and car industry for example. There is nothing of the former business or quality left that was responsible for the generation of the brand's goodwill, but they are used solely because the still exist in the consumers memory.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7058786915356669476.post-13274030568915987352012-02-28T12:15:36.606+00:002012-02-28T12:15:36.606+00:00I wrote this article because of personal experienc...I wrote this article because of personal experience - there is enforcement by firms - not all of course but its a big issue for leavers. The bitterness of these disputes is horrific enough to make you work solo so you never have to face one again.<br />Circumstances are very variable though and if a large law firm runs a bid on the basis of its firm's brand and abilities they hardly want one partner to walk away with the profitsFilemothttps://www.blogger.com/profile/15735898485265104580noreply@blogger.comtag:blogger.com,1999:blog-7058786915356669476.post-63209636894450637832012-02-28T11:24:36.353+00:002012-02-28T11:24:36.353+00:00The reason why there is such little law is that mo...The reason why there is such little law is that most companies will not enforce or simply cannot enforce even non-dealing clauses in the face of client ange at their audacity.<br /><br />I know of one firm (500+) that has no restrictive covenants at all as a matter of policy so they can say they act in the interests of thier clients in ALL situations.<br /><br />Would be useful to flag good practice to clients. As part of their procurment of services they could insist that any individuals who work on their matters have their restrictve covenents waived or no business.<br /><br />I use it as a selling point to clients and they like it. No one owns a client simple as that.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7058786915356669476.post-80212148062422579972012-02-23T10:32:15.722+00:002012-02-23T10:32:15.722+00:00De-legalisation of the restrictive comments would ...De-legalisation of the restrictive comments would massively improve competition in the IP services industry as well as address some of the concerns raised by those who responded to the Hargreaves report.<br /><br />It is odd that such anti-competitive practices are allowed in a pro-competitive nation. It is understandable that employers desire such restrictions, but on the other and it is the goodwill of the individual practitioner that keeps a client with the firm in the first place. If the firm is at risk of losing a client when such a practitioner leaves then the firm itself clearly has little to offer the client.<br /><br />Just imagine the situation in many other walks of life when your favourite 'agency-supplied/employed' nanny, cleaner, taxi driver, hairdresser, window cleaner, sports coach, child's tutor, etc etc, moves on. Why should you be forced to use the useless, hapless, miserable, lazy, over-priced, under-experienced, unfriendly etc etc replacement forced upon you?<br /><br />I see no difference between such service providers and those providing professional services. Ultimately, covenants do not prevent the transfer of major clients. There is just a managed delay.<br /><br />As a user of external patent attorneys, I will always go with the individual who I have assessed as competent and trust. If the judges don't like that then it is time for them to wise up and start acting on behalf of society instead of nicely-argued legal principles.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7058786915356669476.post-27825388548393058162012-02-18T13:28:00.904+00:002012-02-18T13:28:00.904+00:00Very useful for all us employers. Thank you for su...Very useful for all us employers. Thank you for summarising it BarbaraElizabeth Mileshttp://www.iken.biznoreply@blogger.com