Estimate legal fees for fighting non compete agreement

I am an executive recruiter. I have a client in Boston and a candidate in Boston. The candidate has a non compete agreement that prevents her from working for a competitor for 18 months after she left her employer. She left her prior position in 8/01. Therefore the agreement expires in 2/03.

Her belief is that the contract is beatable in court, she is concerned that her employer would fight it.

Question: She is trying to determine her legal fees if the case went to court. I estimate that they could range from $3k to $15k depending on the legal counsel she selects. Do you agree?

Thanks in advance.

1 answer  |  asked Sep 26, 2002 6:28 PM [EST]  |  applies to Illinois

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Answers (1)

Aaron Maduff
Estimate legal fees

If she is in Illlinois, I doubt the employer would sue her over it. Odds are that the geographic distance even if it is in the non-compete is so great as to make it invalid. Of course I would want to see the agreement. If the agreement is as flawed as I suspect, it should take only a few thousand dollars to get the case dismissed. On the other hand, trying to estimate fees for a case is difficult. A case that goes through discovery and through trial, particularly if there are expert witnesses involved can be much higher $50,000 or more, though in this case that seems highly unlikely. But without the facts and the agreement it is difficult. With this information, I would suspect your analysis is correct if a bit conservative (i.e. higher than I would anticipate.)

posted by Aaron Maduff  |  Sep 26, 2002 8:13 PM [EST]

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