CHOICE OF LAW – WHY YOU MAY NEED TO GO OUT OF STATE TO GET AN ATTORNEY
Dan and I enjoy reviewing and evaluating non-compete agreements. We enjoy meeting and working with new clients. We enjoy helping people that live far away and need their contracts reviewed.
We cannot however, help when a choice of law provision in a contract says that Ohio, Maryland, Kentucky, North Carolina, Florida, law apply. We cannot ethically help unless your contract says Virginia or West Virginia.
What is a choice of law provision?
Most contracts have a provision that says a certain state law applies. It may or may not be where you work, or where the company is incorporated. When you want to have your non-compete reviewed, look for the choice of law provision and find an attorney licensed in the state listed in the choice of law provision.
Why? Because every state law is different. We get calls from attorneys all over the country that want us to tell them about Virginia law. They charge their clients, to review agreements that they honestly cannot evaluate because they do not know Virginia law.
We will not attempt to tell you what another state law means – but we would advise you to find an attorney that does know the law of your contract.
If you have a Virginia choice of law provision, and live out of state, better to call someone licensed in Virginia than have your local attorney review.