Unofficial reference for Argentis Labs internal use. For authoritative text, see americanbar.org.

ABA Model Rules of Professional Conduct

Annotated reference·56 active rules·784 indexed sections

Rule 5.6 · Law Firms and Associations

Restrictions on Right to Practice

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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.

Comments

[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. Paragraph (a) prohibits such agreements except for restrictions incident to provisions concerning retirement benefits for service with the firm.
[2]Paragraph (b) prohibits a lawyer from agreeing not to represent other persons in connection with settling a claim on behalf of a client.
[3]This Rule does not apply to prohibit restrictions that may be included in the terms of the sale of a law practice pursuant to Rule 1.17.