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Adler, Barish, Daniels, Levin, and Creskoff v. Epstein

Pennsylvania Supreme Court
393 A.2d 1175 (Pa. 1978)


Facts

Alan Epstein (defendant) stopped working for the law firm Adler, Barish, Daniels, Levin, and Creskoff (Adler Barish) (plaintiff), but was granted access to his old office for about a week to wind up his employment. Epstein was planning on starting a new law firm and he used his additional time in the Adler Barish office to contact Adler Barish clients and try to convince them to drop Adler Barish and hire his new law firm. Epstein contacted clients he had worked with directly at Adler Barish both by phone and in person and told them that he was leaving the firm and that they could choose to be represented by his new firm if they wanted. He also mailed Adler Barish clients self addressed stamped envelopes and form letters which the clients could simply sign and return to hire Epstein’s new firm. Epstein’s actions violated the attorneys’ Code of Professional Responsibility, but Adler Barish also brought suit for intentional interference with the performance of a third party contract. The Court of Common Pleas of Philadelphia granted an injunction to Adler Barish, preventing Epstein from communicating with Adler Barish clients, except to say that Epstein was starting a new firm. The superior court reversed the injunction. Adler Barish appealed.

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Issue

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Holding and Reasoning (Roberts, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
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  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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