Ethical Issues Arising When a Lawyer Leaves a Firm: Restrictions on Practice

Restriction on covenants not to compete have been a long-time feature of legal practice. Rules prohibiting law firms from restricting lawyers\u27 ability to practice or imposing penalties on lawyers that leave a firm attempt to balance the law firm\u27s interest in survival in a competitive market with the countervailing interests of attorney mobility, and protecting clients\u27 choice of counsel. Restrictions on covenants not to compete should be vigorously enforced, and the exception that allows for the forfeiture of retirement benefits by attorneys that choose to leave a firm should be narrowly applied to only those funds to which the departing attorney is not already entitled

Assets at risk:menstrual cycle variation in the envisioned formidability of a potential sexual assailant reveals a component of threat assessment

Abstract Situations of potential agonistic conflict demand rapid and effective deci-sion-making. The process of threat assessment includes assessments of relative fighting capacity, assessments of the likelihood of attack, and assessments of the extent to which one′s assets are at risk. The dimensions of physical size and strength appear to serve as key parameters in a cognitive representation summarizing multiple constituents of threat assessment. Here, we examine the thesis that this same representation summa-rizes asset risk. The fitness costs of sexual assault are in part a function of conception risk, as pregnancy due to assault compromises female choice and imperils existing and subsequent male investment. Prior research indicates that women′s attitudes and behaviors vary systematically across the menstrual cycle in a manner that would have reduced the likelihood of sexual assault during periods of greatest fertility in ancestral women. If the envisioned size and strength of a potential antagonist is used to represent asset risk, and if the threat that sexual assault poses to a woman′s reproductive assets is in part a product of her fertility, then the conceptualized size and strength of a potential sexual assailant should be a function of conception risk. We find support for thi