Abstract

http://ssrn.com/abstract=1776362
 


 



Law Firm Risk Management in an Era of Breakups and Lawyer Mobility: Limitations and Opportunities


Robert W. Hillman


University of California, Davis - School of Law

January 3, 2011

Texas Tech Law Review, Vol. 43, p. 449, 2011
UC Davis Legal Studies Research Paper No. 256

Abstract:     
To say that law firms and lawyers are restricted by the norm of client choice does not mean they are not without options in structuring their relationships in ways that may affect their positions as opposing parties should litigation or disputes develop because of breakups and lawyer mobility. This article explores risk management opportunities with a particular emphasis on avoiding litigation or, if that is not possible, affecting the outcome of litigation. It discusses the role of the partnership agreement and limitations on law firm partnership agreements, including difficulties of negotiating and amending agreements, centralized management as an agreement substitute, past practices as agreement waivers, and challenges to enforcement of agreements. Particular attention is given to five issues that often are inadequately addressed in law firm partnership agreements; these include intellectual property rights, departure process, partner removals and dequitizations, winding up, and dispute resolution.

Number of Pages in PDF File: 22

Keywords: law firms, partnership agreements, law firm partnership agreements, law firm intellectual property, risk management, law firm risk management

JEL Classification: J62, K12, K29, K31, K40, L20, M51, M52

Accepted Paper Series


Download This Paper

Date posted: March 6, 2011 ; Last revised: April 27, 2011

Suggested Citation

Hillman, Robert W., Law Firm Risk Management in an Era of Breakups and Lawyer Mobility: Limitations and Opportunities (January 3, 2011). Texas Tech Law Review, Vol. 43, p. 449, 2011 ; UC Davis Legal Studies Research Paper No. 256. Available at SSRN: http://ssrn.com/abstract=1776362

Contact Information

Robert William Hillman (Contact Author)
University of California, Davis - School of Law ( email )
Martin Luther King, Jr. Hall
Davis, CA 95616-5201
United States
530-752-8020 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 1,302
Downloads: 217
Download Rank: 79,771

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.438 seconds