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Rule 5.6 Restrictions on Right to Practice.

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Rule Text

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 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 controversy between private parties.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

Lawyers and law firms cannot make deals that stop a lawyer from practicing law in the future. For example, a law firm cannot make an employee or partner sign an agreement saying they will give up clients or stop practicing in a certain area if they ever leave the firm. The only exception is for retirement plans, where a lawyer can agree to limit their practice in exchange for retirement benefits.

This rule also applies when settling lawsuits. If a lawyer is helping settle a case between two private parties, they cannot agree to terms that would stop them (or another lawyer) from taking similar cases in the future. For instance, a company being sued cannot offer to settle a case only if the plaintiff's lawyer agrees never to sue that company again on behalf of other clients.

The idea behind this rule is to protect people's ability to choose their own lawyer. If lawyers could be bought out of practicing certain kinds of cases, it would become harder for future clients to find good legal help. This rule keeps the legal system open and fair for everyone.

Committee Notes

Comment

An agreement restricting the right of partners or associates 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.

Paragraph (b) prohibits a lawyer from agreeing not to represent other persons in connection with settling a claim on behalf of a client.

Comparison with Former Alabama Code of Professional Responsibility

This Rule is substantially similar to DR 2-109. Alabama Code 1975, § 8-1-1(a) provides that “[e]very contract by which anyone is restrained from exercising a lawful profession, trade or business of any kind otherwise than is provided by this section is to that extent void.”

← Previous Rule 5.5: Unauthorized Practice of Law. Next → Rule 6.1: Pro Bono Publico Service.

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Last updated: September 2026

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