N.D. R. Prof. Cond. 5.6

As amended through March 18, 2024

Rule 5.6 - Restrictions on Right to Practice

A lawyer shall not participate in offering or making:

(a) a partnership, 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 such termination; or

(b) an agreement in which a restriction on the lawyer's right to practice is part of the settlement of a client controversy.

N.d. R. Prof. Cond. 5.6

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 benefits after termination of a relationship 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 prohibit restrictions that may be included in the terms of the sale of a law practice under Rule 1.17 as long as the restrictions are otherwise consistent with state law.

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Reference: Minutes of the Professional Conduct Subcommittee of the Attorney Standards Committee on 11/08/85 and 01/31/86; Minutes of the Joint Committee on Attorney Standards Meetings of 09/15/95, 12/01/95, 06/11/96, 08/06/04, 03/18/05, 06/14/05. .