Hackett v. Moore

Pat DeWine, Judge.

{¶ 1} This matter comes before the court on defendant Gregory A. Moore’s motion to dismiss pursuant to Civ.R. 12(B)(6). The primary issue in this case is the enforceability of a provision in an employment agreement under which an attorney agrees that upon leaving employment, he will pay his former employer 95 percent of attorney fees earned in a contingent-fee settlement. For the reasons discussed herein, the court finds the agreement unenforceable because it violates the Ohio public policy of allowing a client to obtain counsel of his choice.

{¶ 2} Moore was employed in the…