Rule 240 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 rights 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.

[History: Am. effective July 1, 2007.]
 
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. 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.