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RULE 19-305.6. RESTRICTIONS ON RIGHT TO PRACTICE (5.6)

West's Annotated Code of MarylandMaryland RulesEffective: December 1, 2019

West's Annotated Code of Maryland
Maryland Rules
Title 19. Attorneys
Chapter 300. Maryland Attorneys' Rules of Professional Conduct
Law Firms and Associations [Rules 19-305.1 to 19-305.7]
Effective: December 1, 2019
MD Rules Attorneys, Rule 19-305.6
RULE 19-305.6. RESTRICTIONS ON RIGHT TO PRACTICE (5.6)
An attorney shall not participate in offering or making:
(a) a partnership, shareholders, operating, employment, or other similar type of agreement that restricts the right of an attorney to practice after termination of the relationship, except an agreement concerning benefits upon retirement; or
(b) an agreement in which a restriction on the attorney's right to practice is part of the settlement of a client controversy.
COMMENT
[1] An agreement restricting the right of attorneys to practice after leaving a firm not only limits their professional autonomy but also limits the freedom of clients to choose an attorney. Section (a) of this Rule prohibits such agreement except for restrictions incident to provisions concerning retirement benefits for service with the firm.
[2] Section (b) of this Rule prohibits an attorney 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 19-301.17 (1.17).
Model Rules Comparison: Rule 19-305.6 (5.6) is substantially similar to the language of the Ethics 2000 Amendments to the ABA Model Rules of Professional Conduct.

Credits

[Adopted June 6, 2016, eff. July 1, 2016.]
MD R Attorneys, Rule 19-305.6, MD R ATTORNEYS Rule 19-305.6
Current with amendments received through April 1, 2020.
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