Archives for August 2014
by: Arend J. Abel, Attorney
Any lawyer who pays attention to legal ethics issues in Indiana by now has heard of In re Anonymous. 6 N.E.3d 903 (2014). The most widely talked about aspect of the case was the fact that the disciplined lawyer was somehow caught off-guard because he sought out legal advice and other opinions and believed he was in compliance with the rules. There was a hue and cry that enforcement against the lawyer was unfair or even a violation of due process, either because the client testimonials that the Court held violated the rules were on a website the lawyer couldn’t control, or because the rules were unclear on what amounts to a violation.
by: Mike McBride, Attorney
Business owners who draft and utilize non-compete and non-solicitation agreements without the advice of an attorney could pay a steep price: the business might not wind up with any enforceable competition restrictions. Overly broad non-compete and non-solicitation agreements have a potential fate of being deemed unenforceable in their entirety, as shown by a recent Indiana Court of Appeals’ opinion rendering one business owner’s non-compete agreement completely unenforceable. See Clark’s Sales and Service, Inc. v. Smith, 4 N.E.3d 772 (Ind. Ct. App. 2014).