Restrictions on Right to Practice

A lawyer shall not participate in offering or making: (a) a partnership, shareholder, operating, employment, or other similar type of agreement that restricts the right of a lawyer to practice after termination of the relationship, except an agreement concerning benefits upon retirement; or Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 89 PROFESSIONAL RULES MINNESOTA COURT RULES (b) an agreement in which a restriction on the lawyer's right to practice is part of the settlement of a client controversy. (Amended effective October 1, 2005.) 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 entering into an agreement 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.