MBE Rules · Professional Responsibility
Restrictions on Right to Practice
Cal. Rule 5.6
The rule
Lawyers may not make partnership or employment agreements restricting post-departure practice (except retirement benefits) nor settle a case on terms restricting any lawyer's right to practice.
In plain English
Lawyers cannot create agreements that limit a lawyer's ability to practice law after they leave a firm, except for retirement benefits. Additionally, they cannot settle cases in a way that restricts any lawyer's right to practice in the future.
Worked example
Attorney A leaves Firm X and signs an agreement stating they cannot practice in the same city for five years. Later, Firm X tries to enforce this agreement when Attorney A starts working at Firm Y. This agreement is invalid because it restricts Attorney A's right to practice law after departure.
Memory hook
No chains on lawyers: they can practice freely after leaving a firm!
The trap
Exams may present scenarios where a lawyer's agreement seems reasonable but actually violates this rule, tricking students into thinking it's enforceable.
How examiners test it
Questions often involve hypothetical agreements or settlements that appear to limit a lawyer's future practice, requiring candidates to identify the violation of this rule.
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More Professional Responsibility rules
- Duty of Confidentiality · Cal. Bus. & Prof. Code § 6068(e); Rule 1.6
- Client Trust Account — IOLTA · Cal. Rules of Prof. Conduct 1.15
- Duty to Report Misconduct · Cal. Rules of Prof. Conduct 8.3
- Unconscionable Fees · Cal. Rule 1.5
- Fee Division Among Lawyers · Cal. Rule 1.5.1
- Compensation from Third Parties · Cal. Rule 1.8.6