Labor/Employment,
Ethics/Professional Responsibility,
State Bar & Bar Associations
Jun. 11, 2019
Attorney ethics and unenforceable employment contracts
We all know that it is unethical for an attorney to file a clearly frivolous case, but the law as enforced is less clear on the ethics of an attorney drafting a clearly unenforceable contract — especially as they proliferate across the marketplace.
Robert C. Fellmeth
Price Professor of Public Interest Law
University of San Diego School of Law
Increasing numbers of workers are handed fine-print employment contracts. They govern everything from salary and benefits to the location and conditions of work. And they include how disputes with their employer are to be resolved.
These contracts are usually drafted by lawyers for the corporate employer who know (or should know) how the law works. And they are typically presented to new workers who lack attorney representation or r...
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