Are Financial Disincentive Provisions Enforceable? What Recruiters Need to Know

By |2026-01-20T13:05:52-05:00January 1st, 2026|Newsletter, Tina B. Solis, Winter 2026|

Law firm partnership agreements increasingly include financial disincentive provisions tied to departures. These provisions include, but are not limited to, forfeiture of earned compensation, and clawbacks of bonuses and/or other compensation. Whether these provisions are enforceable turns on a factspecific inquiry involving which law governs, how the firm applies the provision in practice, and — [...]