Rule 5.6 Restrictions on Right to Practice

Lawyers can't agree to limit their own ability to practice law in the future, and they can't ask other lawyers to agree to this either. This comes up in two main situations.

The first is when lawyers work together at a firm. If a lawyer leaves a partnership or law firm, the firm can't have made them sign an agreement that stops them from practicing law afterward, or that makes it hard for them to compete for clients. There's an exception for retirement agreements, where a lawyer who is genuinely retiring can agree to stop practicing in exchange for retirement benefits. There's also an exception when a lawyer is selling their law practice to another lawyer, which is allowed under separate rules.

The second situation is settling a lawsuit or legal dispute. When a case settles, the lawyer representing one side can't agree, as part of the deal, to stop taking similar cases against the other side in the future. For example, if a company settles a lawsuit, it can't require the other lawyer to agree never to sue that company again on behalf of other clients.

Both these situations exist for the same reason. They protect people's ability to choose their own lawyer freely. If lawyers could be bought out of practicing law, it would shrink the pool of lawyers available to help people with similar problems, and clients would end up with fewer choices.