JOHN MICHAEL KOPS VERSUS GARY A. LEE, JOHN M. FUTRELL, RICHARD M. PERLES, KOPS, LEE, FUTRELL & PERLES, L.L.P. AND LEE, FUTRELL & PERLES, L.L.P., 2003-1407 (La.App. 4 Cir. 03/31/04);

Summary

The attorney appealed a partial summary judgment in which the trial court dismissed his claims for declaratory judgment, declaring that the partnership agreement was an absolute nullity, La. Civ. Code Ann. art. 2030. The appellate court affirmed, stating that the attorney did not refute that his clients were able to select him to represent them or that the clients' files were turned over to him. He was not prejudiced by the admission of the affidavits of two other partners, where the attorney left the law firm, he was allotted his capital account balance, and, since then, he had practiced law, La. Rev. Stat. Ann. § 23:921. The trial court did not err in granting the defendant's motion for summary judgment and dismissing the attorney's claims based on an illegal contract. Further, the partnership agreement contained a severability clause. Any invalid non-competition clause did not invalidate the entire contract. A request for sanctions was not considered under La. Code Civ. Proc. Ann. ...