| Effective Date: | 07/01/2015 |
|---|---|
| Updates: | Adopted March 26, 2015, effective July 1, 2015 |
- This page, Rules of Professional Conduct Rule 5.6: Restrictions on right to practice, is offered by
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Supreme Judicial Court Rules
Rules of Professional Conduct
Supreme Judicial Court Rules Rules of Professional Conduct Rule 5.6: Restrictions on right to practice
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Table of Contents
Rule 5.6
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. 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.
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Online
Email a reference librarian:
Email Trial Court Law Libraries at lawlibraries@jud.state.ma.us
| Updates: | Adopted March 26, 2015, effective July 1, 2015 |
|---|