Folks, what is the market practice for the notice period of associates at corp law firms? I joined a mid-size firm since graduating in 2019, and have a three-month period, but I've seen some people leaving within a month after serving the notice. However, my team has seen quite a few exits in the last 6 months, and the recent quitters were made to serve the entire three months of notice period.

I've started hunting for a new job, but the two-month notice period seems a bit of a hurdle as most recruiters are looking to fill the positions immediately. Also, my retainer only has a one way buyout clause in favour of the firm, so there's no way I can buy it out (as suggested in some other thread here).

Would really love to have some suggestions on how to tackle this problem. I was thinking of putting in the papers and then starting the job hunt, but that seems a bit of a risk right now given how the job market is, and I feel if I'm not able to land a job within three months, I'll lose all leverage at future interviews.

Has anyone left their firm without serving the entire notice period? And can anyone give me an idea as to what consequences I could be facing?

Would really appreciate any and all advice. Thanks in advance!

Thanks, I'll look for case laws on this.

Got a PPO from the firm when I was in the fourth year of law school. The offer was telephonic and my acceptance was via an email. No other documentation. I was given the retainer to sign during the first week. Three months did seem excessive at that time as well, but I had a chat with a senior who said he has never seen the firm enforce the three-month notice and that people leave within a month. And it had been true until this year.

Since you are on an exclusive retainer and not an employee, it is a principal to principal relationship and it will be very hard for the firm to prove they invested resources in you which justify the one way notice period / claw back.

This will never go to court. But if it does, the firm would still have to prove actual loss to claim damages. I don't see them being able to prove any damages given that more people are always available to staff on a matter if someone quits. Alternatively, it wouldn't be difficult for you to prove that there are plenty of associates in the market and the cost of paying a replacement associate for the 2 months' you didn't serve is not more than your 2 months' salary (unless you are not on a market standard salary).

Take a joining bonus at your new employer of 2 or 3 months' salary and use that in case the matter ends up in court and you lose the case. If it doesn't end up with the court, the money is a reward for your daredevilry. As a thank you, may be buy a LI subscription.

Hey, thanks a lot for this advice. If it does end up going to court, I believe the firm would ask for specific performance rather than for compensation. Though I think I will be protected u/s 14(c) of the SRA, 1963 from working for this firm, they could use section 42 to prevent me from working at any other place for those three months. Plus, no future employer would want to get dragged into such litigation over a new employee.

Hey, thanks! Had a look at this judgment. It is somewhat useful, however, the Court is mainly focussing on the fact that the employer is a large PSU and hence had higher bargaining power while negotiating the employment contract. However, I don't know if this will be applicable where the employer is a mid-size law firm.

Terminate for Fundamental Breach. Terminate the Notice Period Clause specifically for fundamental breach. See if all the Associates are enrolled. Even if one is not enrolled (Highly likely), its enough for you to prove fundamental breach as you would be furthering the unauthorised practice of law and they represented to you that they are a firm of advocates. No firm will litigate this if it means admitting that they have unenrolled staff.