I Have a Noncompete Agreement That I Need to Have Reviewed. What Is Your Process?
I will review the agreement and then we will set up a time to talk.
Will the Conversation Occur via Telephone or in Person?
I conduct 99% of my consultations via phone or Zoom (Zoom is best).
What Will We Talk About?
I will ask questions so that I can learn the details of your situation. I will discuss the law with you and the facts of your situation. I will work with you to make the best decision for you, by assessing possible risks and rewards.
How Long Will We Talk?
As long as necessary. Typically, 30-45 minutes or so.
Is That Long Enough?
Yes. I don’t waste time, and since I have done over 1,000 noncompete consultations, I know the questions to ask, and I am good at quickly analyzing a situation.
What if I Think of Another Question After Our Conversation? Is There an Additional Charge to Talk With You Again?
Typically, there would not be another charge. Of course, if I end up spending substantial time, I will have to go back on the clock, but an additional few minutes of questions will not be a problem.
What if I Need You to Negotiate With My Employer or Send a Letter for Me? Is There an Additional Charge for That?
Typically, yes. But it may not be necessary for me to engage with your employer. Let’s talk and determine whether that is necessary. If it becomes necessary for me to communicate with your employer, again, I don’t waste time—I am able to get things done efficiently.
Do You Mainly Represent Employees or Employers?
Both. I have advised many employees and have represented many employees in litigation.
What Is Your Usual Turnaround on Reviewing an Agreement and Having a Consultation?
I can act quickly, usually within a day or two (and sometimes the same day). And I am often available at night and on Saturday.
My Cousin Steve Says That Texas Is a “Right to Work State,” and That Noncompete Agreements Are Not Enforceable Here. Are You Sure I Need to Talk With You?
You do need to talk with me. “Right to work” has nothing to do with noncompete agreements. It simply means that you can’t be forced to join a labor union.
When I Signed My Noncompete, I Wasn’t Given a Choice on Whether to Do So. Plus, I Was Not Paid Any Money, nor Was I Given a Promotion. Do We Really Need to Talk?
Yes, we do.
Since I Signed a Noncompete, Is It Really Worthwhile to Talk With You? Should I Just Comply With It?
This is a strange area of the law. It’s often not as simple as, “You signed it, you must comply.” The individual facts of each case have to be analyzed. Plus, given my 25+ years of experience, I have a good feel for which situations will end up in litigation and which ones will not.
Do I Really Need You? Can’t I Just Watch Some Videos Online?
You can find a lot of information online. What you’ll get from me, though, is an individualized assessment of your situation. Over the years, I’ve gotten good at distinguishing between situations that look safe and ones that look dangerous. I won’t just tell you what the law is. I’ll give you a recommendation on what to do, based on your individual circumstances.
I Work for the Worst Boss in the World. I Know He Will Sue Me. Can You Really Help?
I hear this all the time. But there’s a big difference between threatening to sue someone and actually doing it. I’ll work with you to assess whether your boss is bluffing.
What Is Your Main Objective for the Individuals With Whom You Work?
To keep them out of trouble. My goal is that we will talk once and you will get some good advice so that you don’t have to call me again. But I also want to keep you from just “laying down”—I want to come up with a game plan that allows you to get out of a bad situation (if you are in one) and get on with your career.
If My Employer Sues Me, Will You Represent Me?
That would be a separate engagement. But I have handled many noncompete lawsuits, on both sides of the docket, and have had a lot of success.
I Am a Physician. Do You Have Experience Working With Doctors?
Absolutely. Some of my best results have been on behalf of individual physicians. I have reviewed hundreds of physician contracts. I have a good feel for whether a particular contract is “friendly” or “unfriendly” for the physician, and because of my experience, I know the pitfalls to look for.
Is There Anything Unique About Physician Contracts?
Yes. There are certain legal requirements that only apply to physicians.