Rule 5.6 Restrictions on Right to Practice

Lawyers cannot agree to limit their right to practice law in the future, except in a few specific situations. If a law firm hires someone or forms a partnership with them, it cannot include a rule that punishes the lawyer for competing after they leave, unless the deal is about retirement benefits. This stops firms from trying to control where former lawyers can work or who they can represent once they part ways.

Lawyers also cannot agree to limit their own right to practice law as part of settling a case for a client. For example, a lawyer cannot promise to never take on similar cases again just because it helps close a settlement deal. This protects the public's ability to choose their own lawyer freely, without lawyers being boxed out of certain cases through private agreements.

The one exception to these rules is when a lawyer sells their entire law practice to someone else. In that situation, the rules allow some limits on future practice, since selling a practice often requires the seller to step back so the buyer can take over the clients and business.