规则 of Professional Conduct

规则5.6: Restrictions on Right to Practice

A lawyer shall not participate in offering or making:

(a)合伙, 股东, 操作, 就业, 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 controversy between parties.

评论

[1] An agreement restricting the right of partners or associates 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. Whether provisions limiting benefits are retirement provisions, 这条规则除外, will depend on a number of factors. 看到 纽曼v. Akman, 715 A.2d 127 (D.C. 1998).
[2]的限制, other than those concerning retirement benefits, that impose a substantial financial penalty on a lawyer who competes after leaving the firm may violate paragraph (a).
[3] Paragraph (b) prohibits a lawyer from agreeing not to represent other persons in connection with settling a claim on behalf of a client.
[4] This rule does not prohibit restrictions that may be included in the terms of the sale of a law practice pursuant to Rule 1.17.