Ky. R. Sup. Ct. 3.130(5.6)

As amended through May 19, 2023
Rule SCR 3.130(5.6) - Restrictions on right to practice


A lawyer shall not participate in offering or making:

A lawyer shall not participate in offering or making:

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


(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 any controversy 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. XLIII. 3.130 (6.4) Law reform activities affecting client interests

Ky. R. Sup. Ct. SCR 3.130(5.6)

Adopted by Order 89-1, eff. 1/1/1990; amended by Order 2009-5, eff. 7/15/2009