Rule 5.6 Restrictions on Right to Practice

Lawyers can't agree to limit their own right to practice law in the future just to settle a case or end a business relationship. For example, if a law firm splits up, the firm can't make a departing lawyer promise to stop practicing law or stop taking certain kinds of clients in exchange for a payout. The only exceptions are retirement benefit plans and situations where a lawyer is actually selling their law practice to someone else.

The same rule applies when lawyers settle lawsuits for clients. If a lawyer is negotiating a settlement for a client, the other side can't require the lawyer to agree they won't take similar cases against that company in the future. This kind of deal might sound appealing to both sides, but it hurts the public. It reduces the number of lawyers willing and able to take on certain types of cases, which makes it harder for future clients to find good legal help.

This rule exists to protect people's access to lawyers. If lawyers could be bought out of practicing in certain areas, it would shrink the pool of experienced attorneys available to everyday clients down the road.