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Rule 5.6
RESTRICTIONS ON THE RIGHT TO PRACTICE
A lawyer shall not participate in offering or making:
(a) a partnership or employment agreement that restricts the right of a lawyer to practice after termination of the relationship, except with respect to an agreement concerning benefits upon retirement; or
(b) an agreement in which a restriction on the lawyers right to practice is part of the settlement of a controversy between private parties.
COMMENTS
[1] An agreement restricting the right of a lawyer to practice after leaving a firm or organizational employer not only limits the lawyers professional autonomy, but it 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 or organizational employer.
[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.
DEFINITIONAL CROSS-REFERENCES
None.
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