Partnership disagreement over a client in Austin last month

My partner wanted to poach a client from our old firm. I said it breaks the non-solicit agreement we signed. Anyone here ever dealt with a partner who pushes those legal boundaries?

3 comments

3 Comments

emery109d ago

I read a lawyer say those agreements hold up in Texas courts pretty well.

torres.blair9d ago

Haven't those same Texas courts also ruled that you can't actually sign away your right to sue for negligence in some cases? I feel like I've seen enough stories where people tried to use those liability forms after a serious injury and the judge just threw them out. The legal blogs love to point out how specific language has to be to even stand a chance, and most waivers don't even come close. Plus, Texas has that whole assumption of risk thing that can mess with enforcement if the business was acting recklessly. I'd take that lawyer's opinion with a grain of salt until I see it actually tested in a real courtroom.

felixlane9d ago

Yeah I actually read a piece from a Texas injury lawyer who said the same thing. He was talking about how even in Texas, gross negligence can't be waived and a lot of these waivers use language that's too general. He pointed out a case where a guy signed a waiver for a gym, then got hurt on a broken machine, and the court said the waiver didn't cover it because the gym was negligent in keeping their equipment safe. So the waiver only works if the accident is purely from the activity itself, not from the business cutting corners.