Under Rule 5.6 Restrictions on Right to Practice, which statement describes the prohibition?

Under Rule 5.6 Restrictions on Right to Practice, which statement describes the prohibition?

• A. An agreement that restricts the right to practice after termination is prohibited.
• B. An agreement that restricts the right to practice is part of settling a client controversy is prohibited.
• C. Both A and B.
• D. Neither A nor B.

Answer: (C)

Rule 5.6 bars any agreement that restricts a lawyer’s right to practice after the lawyer–client or employment/partnership relationship ends. That means you can’t have a contract that says you won’t practice after leaving a firm, nor can you tie a settlement with a client to giving up the right to practice. These post-termination restraints threaten the public’s access to legal services and a lawyer’s freedom to practice, so they’re generally invalid. The statements describe two typical forms of such restraints, and both are prohibited, so recognizing that both are barred best reflects the rule.

Rule 5.6 bars any agreement that restricts a lawyer’s right to practice after the lawyer–client or employment/partnership relationship ends. That means you can’t have a contract that says you won’t practice after leaving a firm, nor can you tie a settlement with a client to giving up the right to practice. These post-termination restraints threaten the public’s access to legal services and a lawyer’s freedom to practice, so they’re generally invalid. The statements describe two typical forms of such restraints, and both are prohibited, so recognizing that both are barred best reflects the rule.