DE · rules
Del. Lawyers' R. Prof'l Conduct 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 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 client controversy.
History
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 retirement benefits for service 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 apply to prohibit restrictions that may be included in the terms of the sale of a law practice pursuant to Rule 1.17.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- 2026-09-23
- Content hash
347bce2bef5bc0f9217393f1eebb68859a69eec5cc78688dee0f460848f4455a
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