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Rule 5.6 6. Restrictions on Right to Practice

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Rule Text

A lawyer shall not participate in offering or making:

(a) a partnership, shareholder, operating, employment, or other similar type of agreement that restricts the rights 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.

Amendment history: Effective January 1, 2005

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

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

This rule stops law firms and lawyers from making deals that limit a lawyer's ability to practice law in the future. For example, a law firm cannot make a lawyer sign an agreement saying they can't work as a lawyer in the same city if they ever leave the firm. The only exception is for retirement plans, where a firm can set rules about benefits a lawyer gets when they retire.

The rule also covers settlements. When a lawyer settles a case for a client, the other side sometimes wants to add a condition that the lawyer will never take on similar cases again. This rule bans that kind of deal too.

The main idea behind this rule is to protect people's ability to choose their own lawyer. If lawyers could be boxed out of certain kinds of cases or locations through private agreements, it would become harder for clients to find good legal help. This rule keeps the legal market open so lawyers can keep practicing and clients keep their options.

Committee Notes

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.

← Previous Rule 5.5: 5. Unauthorized Practice of Law; Multijurisdictional Practice of Law Next → Rule 5.7: 7 Responsibilities Regarding Law-Related Services

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Last updated: August 2026

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