Podcast Location:
Download it here [file size: 30.9 MB]
Part of:
Dealing with Team Moves by Partners & Senior Staff CPD Training Bundle
Categories:
Employment Law
Partnership Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at employment and partnership practitioners but will be of interest to anyone interested in protecting value in their partnership. It aims to explore some of the key practical and conceptual issues that arise in a team move situation and how they can best be handled from the perspective of both the current firm and the departing partner.

Outcomes:
After completing the course you will:
  • Understand why a grasp of the law on team moves is important at the current time;
  • Understand the key issues that arise when a partner or partners decide to move;
  • Understand what preliminary steps can be taken where a partner-lead team move is in the offing;
  • Understand the important implied duties that might be relevant;
  • Understand whether there is any difference in the nature of a partner’s duties between leaving an LLP or a general partnership;
  • Understand how a partner’s duty of good faith practically applies to a team move;
  • Know what a partner can safely do to prepare for the move to another firm;
  • Understand the important role of garden leave as a coping or defensive strategy for a firm and its limitations.;
  • Know what practical solutions can be taken if a partner solicits clients of the old firm;
  • Understand the role and limitations of restrictive covenants against partners and to what extent the case law applying to employees is relevant;
  • Understand whether there are any potential liabilities that may arise against a recruiter or new firm in a team move;
  • Know what recruiting firms generally ask of partners and what a partner can do to minimise the risk of an answer putting them in breach of duty;
  • Know what strategies the partner or the new firm can employ to reduce the negative fallout and potential liabilities from a team move.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Kynixa Ltd v Hynes and others [2008] EWHC 1646;
  • UBS Wealth Management (UK) Ltd v Vestra Wealth Llp [2008] EWHC 1974;
  • Tullett Prebon Plc & Ors v BGC Brokers LP & Ors [2011] EWCA Civ 131;
  • Lonmar Global Risks Ltd v West and others [2011] IRLR 138;
  • QBE Management Services (UK) Ltd v Dymoke & Ors [2012] EWHC 80 (QB);
  • Kao Lee & Yip v Koo Hoi Ya [2003] WTLR 1283;
  • Robin M. Bridge v Deacons (a firm) (Hong Kong) [1984] UKPC 11;
  • F&C Alternative Investments (Holdings) Ltd v Barthelemy & Anor [2011] EWHC 1731 (Ch);
  • Shepherds Investments Ltd & Anor v Walters & Ors [2006] EWHC 836 (Ch);
  • Hurst vs Bryk [2002] 1 AC 185.
Tags:

This podcast with a specialist in team move litigation discusses the legal and practical implications for a partner in (say a law firm) moving to a new firm and taking employees or colleagues with them. In an increasingly transitory environment where the average tenure of a partner has fallen to 6 years how can firms protect themselves if their most valuable assets walk out the door? Equally how can a departing partner avoid breaching their responsibilities to their old firm?

Podcast added: 02/04/12

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