Restrictions on an Attorney's Right to Practice

Bar Briefs, November 2006

2 Pages Posted: 1 Nov 2007

See all articles by Grace M. Giesel

Grace M. Giesel

University of Louisville - Louis D. Brandeis School of Law

Abstract

Relationship agreements such as partnership agreements and employment agreements legally may contain restrictions on competition if the parties to the agreements are not lawyers. Covenants not to compete are recognized as a valid tool that can be used for the protection of otherwise vulnerable interests as long as the competition restriction is reasonable. The story is very different for restrictions involving lawyers. A lawyer cannot enter into an employment or other agreement if that agreement restricts the right of a lawyer to practice law. Thus, a typical covenant not to compete, if entered into by an attorney, whether the attorney is an in-house attorney or an attorney in a law firm, is unethical. An attorney entering into such an arrangement is subject to discipline.

Keywords: Professional Responsibility, right to practice, rule 5.6

JEL Classification: K40

Suggested Citation

Giesel, Grace M., Restrictions on an Attorney's Right to Practice. Bar Briefs, November 2006, Available at SSRN: https://ssrn.com/abstract=1025990

Grace M. Giesel (Contact Author)

University of Louisville - Louis D. Brandeis School of Law ( email )

Wilson W. Wyatt Hall
Louisville, KY 40292
United States

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