What Kind of Lawyer Do You Need?

Do you already have a good lawyer?

Well, if you already have a good lawyer, and that lawyer feels comfortable handling your departing employee matter, I say stick with that lawyer. I cover this topic at my video Do I Need a Specialist to Handle my Texas Non-Compete Lawsuit?

 

If you don’t….

If you don’t already have a lawyer who is right for your departing employee dispute, you probably want the best Texas non-compete and trade secret lawyer available. Who is that?

 

That, of course, is a matter of opinion.

But here are some objective facts:

  • I have over 25 years of experience as a Texas trial lawyer. In the past ten years I have handled over 50 non-compete and/or trade secrets lawsuits.

  • I have tried non-compete and trade secret cases to juries. In one case the jury went my way on every issue and awarded my client more attorney’s fees than we asked for. But that probably won’t happen again.

  • I have handled numerous hearings on temporary restraining orders (TROs) and temporary injunctions in departing employee cases.

  • I have also advised clients in dozens of “pre-litigation” matters involving non-compete and trade secret issues.

  • Thomson Reuters has named me a Texas Super Lawyer for Business Litigation every year since 2020, an honor reserved for fewer than 5% of Texas lawyers.

  • I am rated AV (Preeminent) by Martindale-Hubbell.

  • I have experience representing all three sides in departing employee disputes: the first employer, the employee, and the second employer.

  • I have handled departing employee lawsuits in both state and federal courts, in Houston, Dallas, Fort Worth, Austin, and other venues throughout the great State of Texas.

  • I have published dozens of articles on departing employee litigation at my award-winning blog, Five Minute Law.

  • I have taught numerous continuing legal education courses to other Texas lawyers on non-compete and trade secret issues. The State Bar of Texas gave me a “Standing Ovation” award for this.

  • I have the most popular YouTube channel on non-compete law, That Non-Compete Lawyer, which includes a 30-minute course on the basics of Texas non-compete litigation.

 

If you want to do some homework on the legal issues in your case, browse my blog: Five Minute Law.

True, it was rated “unspeakably bad” by a random person on Twitter, but it has won several awards. You may want to start with Wolfe’s First Law of Texas Non-Compete Litigation.

 

What About the Cost?

Ok, but with all that experience in non-compete and trade secret litigation, I must be expensive, right?

Well, yes. And no.

My standard hourly rate is probably a little on the high side for a solo practice. But it’s probably about half what lawyers with comparable expertise charge at a big law firm or litigation boutique. I’m willing to bet a 12 oz cappuccino at Love Beans that you are not going to find a Texas lawyer with more experience handling departing employee litigation charging a lower hourly rate. 

I would also bet you will not find a Texas non-compete lawyer who can do more strict unbroken pull-ups or handstand pushups than I can. That’s not very relevant to the cost of hiring me, but I just felt like throwing it in.

Do I take cases on a contingent fee basis?

Generally, no. For one thing, departing employee lawsuits are usually not built right for a contingent fee. Plus, I’m not a big gambler. And believe it or not, an hourly arrangement is usually best for the client, for reasons I explain in my video What is the Best Fee Arrangement for a Non-Compete Lawsuit?

But I do work hard to try to find a fee arrangement that works for the client. So I am open to discussion of flat fees and other alternative fee arrangements.

Other FAQs

Did you really go to Harvard?

Yes, but don’t hold it against me.

Do you represent plaintiffs or defendants, employees or employers?

At one time I represented whoever hired me first. But now my practice focuses on representing defendants in departing employee lawsuits. So typically I represent an employee who left a company, the company the employee joined, or both.

Do you represent big corporations?

To put it bluntly, the biggest companies are usually kind of snobby about hiring a solo lawyer. When in-house lawyers at Fortune 500 companies hear “solo practice,” they picture someone like that Chris Farley motivational speaker character who lived in a van down by the river. They tend to prefer firms with big fancy downtown offices. But I will represent them, if they want.

Why aren’t you with a big firm?

Nothing against big firms. Often the best lawyers are at the big firms, because that’s where the big money is. But I’m more of a “one riot, one ranger” kind of guy, and I don’t like the thought of forking over 2/3 of my income to cover overhead and partner profits.

Are you an “employment law” lawyer?

I don’t really think of non-compete and trade secret issues as “employment” law, but they often get lumped into that practice area, so yes, I guess. But I don’t typically handle matters like employment discrimination and retaliation. Usually I will refer those to a more qualified lawyer I know.

Do you handle intellectual property matters?

Sometimes people lump trade secrets law into “intellectual property,” but it really has very little in common with copyright, trademark, or patent law. (I do happen to have experience in those areas and will handle them on a case by case basis if asked.)

How can an employer enforce a non-compete if Texas is a “right to work” state?

People ask this all the time, but “right to work” has to do with unions and collective bargaining. It has nothing to do with non-competes. Texas law is generally pro non-compete (with some important exceptions).

Do you put clients first?

No. I explain at Why Clients Come Second at My New Law Firm. But I do work hard to protect the interests of my clients.

Do you let people bully your clients?

Also no. See the same blog post as above.