First Adopted: August 07, 1985
Most Recently Effective: July 01, 2007
Rule 4-5 | Rules of Professional Conduct | Law Firms and Associations
4- 5. 6 | Restrictions on Right to Practice
A lawyer shall not participate in offering or making:
(a) a partnership, shareholders, operating, employment, or other similar type of agreement that restricts the right of a lawyer to practice after termination of the relationship, except an agreement concerning benefits upon retirement; or
(b) an agreement in which a restriction on the lawyer's right to practice is part of the settlement of a client controversy.
Comment
[1] An agreement restricting the right of lawyers to practice after leaving a firm not only limits their professional autonomy but also limits the freedom of clients to choose a lawyer. Rule 4-5.6(a) prohibits such agreements except for restrictions incident to provisions concerning retirement benefits for service with the firm.
[2] Rule 4-5.6(b) prohibits a lawyer from agreeing not to represent other persons in connection with settling a claim on behalf of a client.
[3] Rule 4-5.6 does not apply to prohibit restrictions that may be included in the terms of the sale of a law practice pursuant to Rule 4-1.17.
(Adopted August 7, 1985, effective January 1, 1986. Amended March 1, 2007, effective July 1, 2007.)