Rule 4-5.6 Law Firms and Associations - Restrictions on Right to Practice

Lawyers can't agree to limit their own ability to practice law in the future, and law firms can't ask them to. This means a firm cannot make an employee, partner, or associate sign a contract saying they'll be barred from practicing law (or from taking certain clients) after they leave the firm. The only exception is for retirement agreements, where reasonable limits are allowed.

This rule also applies when settling a lawsuit. If a lawyer represents someone in a case, the other side cannot offer a settlement deal that requires the lawyer to agree they won't take similar cases in the future. This keeps clients free to choose any lawyer they want, without worrying that good lawyers have been "bought out" of certain kinds of cases through past settlements or firm agreements.

The point of this rule is to protect the public's access to lawyers. If lawyers could be restricted from practicing through these kinds of agreements, it would limit choices for future clients and could reduce competition among attorneys. The rule makes sure that business arrangements between lawyers, or settlements between opposing parties, don't end up controlling who gets to practice law and who clients are allowed to hire.