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IN · rules

Ind. Prof. Cond. Rule 5.6

Restrictions on Right to Practice

activein force · 2024-10-01 – presentcompiled-edition

Effective January 1, 2005

A lawyer shall not participate in offering or making:

(a) a partnership, shareholder, 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.

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
rules.incourts.gov
Retrieved
2026-10-02
Edition
supplied-in-22-2024-10-01
Content hash
140f729f7981b2584a7d5f7bdc8bfdd43c15081fa31b153daada4407e1665ba3
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