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Non-compete/Tortious interference question for lawyer leaving firm. Tijuana Zebra May 27, 2009 02:52 pm
I am an associate. In my non-compete, I am not allowed to use firm confidential information to interfere with firm business after I depart the firm.

Over the past few weekends, I have created a master list of clients I have worked with at the firm, and of their contact information as gleaned from the internet. I have what I consider to be a personal relationship with each client on the list (I worked directly with them and had phone or email conversations with each).

The list was created at home without use of any firm property. I plan on using the list to send letters announcing my new firm and asking whether the client wants to transfer their cases to my new firm.

Is there any issue that my master list created from public information is confidential information owned by the firm? What if I destroy this list and recreate it after I leave the firm?

Also, another client I have worked with requires all mail through his general counsel. I've not emailed/spoken with her, but thought I might send an announcement/transfer letter to her as she represents a client I do have a personal relationship with. Am I moving too far into the gray area with that move?

After watching other attorneys leave my present firm, I know that there is no civil way to do it. There will be no mutually agreed on letter that goes to my clients. That's why I am creating the list.

Thanks for any advice.

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