How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118200
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I am an attorney in New York State. My current firm is in

This answer was rated:

I am an attorney in New York State. My current firm is in the process of dissolving (I do not know how far along they are in the process). My employment agreement contains a non-compete clause with a 1-year duration that would require me to pay them approximately one year's salary if I practice the same type of law (for either Plaintiffs or Defendants) anywhere in New York State. There are no other relevant terms to the clause. Is this clause enforceable, and would the fact that the firm is dissolving matter in the determination?
If they are dissolving, then you are not competing with them. Also, under the NY Rules of Professional Conduct, lawyer cannot offer or make a “partnership, shareholder, operating, employment, or other similar type of agreement” that restricts lawyers from practicing law after terminating the relationship, except for an agreement about retirement benefits See: 22 N.Y. Comp. Codes R. & Regs. Part 1200.0, Rule 5.6(a).

Thus, on both grounds it is not likely the non-compete would be enforceable.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

If you did not get all of the information you may have wanted PLEASE USE THE REPLY TO EXPERT LINK IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “EXCELLENT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.


There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at or beginning your question with “For PaulMJD…”

Customer: replied 4 years ago.

Because thew firm hasn't completed its dissolution, could it still attempt to enforce the clause against me? I am not sure how far along they are in the process. I believe clients are obtaining new counsel, but I'm not sure. Also, if for some reason the RPC wasn't sufficient to overturn the clause, would a ban on practicing that type of law in the entire state be considered overbroad? I'm only admitted in NY, so obtaining work in another state isn't an option.

According to the Rules of Professional Conduct any agreement that restricts the practice of law, which is what I provided you above, is void. But if for some odd reason, which I doubt, the RPC would not cover this, you can argue the geographic area over broad if your firm does not practice in that particular city or county in NY.
Law Educator, Esq. and 2 other Legal Specialists are ready to help you