Lateral departure refers to the option for a convicted individual to serve their sentence outside of jail, such as in their home or community, as an alternative to incarceration. This differs from upward departure, which results in a harsher sentence, and downward departure, which results in a less severe sentence.
A lateral departure is a provision in the federal sentencing guidelines that enables a defendant to avoid imprisonment by fulfiling their sentence through community or home confinement. For instance, if a defendant is sentenced to one year in prison but is granted a lateral departure, they can opt to serve their sentence through community service or home confinement rather than being incarcerated. This example demonstrates how a lateral departure offers an alternative to imprisonment for specific defendants.
A lateral departure refers to a situation where an attorney or lawyer leaves their current law firm or organisation to join another firm at a similar or higher level.
While an attorney has the right to leave their current law firm, there may be consequences depending on the terms of their employment agreement, such as non-compete clauses or restrictions on soliciting clients.
Before making a lateral departure, an attorney should review their employment agreement, consult with an experienced legal professional, and ensure compliance with any notice requirements or obligations.
The ability to take clients with them when making a lateral departure depends on various factors, including the terms of the attorney’s employment agreement, applicable ethical rules, and client consent. It is advisable to seek legal advice in such situations.
In some cases, a law firm may try to prevent an attorney from making a lateral departure by enforcing non-compete clauses or other contractual obligations. However, the enforceability of such restrictions may vary depending on jurisdiction and specific circumstances.
When making a lateral departure, attorneys must consider their ethical obligations, such as maintaining client confidentiality, avoiding conflicts of interest, and ensuring a smooth transition of client matters.
While it is possible for a law firm to sue an attorney for breaching contractual obligations or other legal duties during a lateral departure, the outcome would depend on the specific circumstances and applicable laws.
Financial implications may arise from a lateral departure, such as potential loss of income during the transition period or repayment of any signing bonuses or loans provided by the current law firm.
To negotiate a lateral departure agreement, an attorney should engage in open and honest communication with both their current and prospective law firms, seeking legal advice if necessary, to ensure a fair and mutually beneficial arrangement.
When choosing a new law firm during a lateral departure, an attorney should consider factors such as the firm’s reputation, practice areas, culture, compensation structure, and opportunities for professional growth and development.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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