Idaho R. Prof. Cond. 5.6

As amended through November 5, 2024

Rule 5.6 - RESTRICTIONS ON RIGHT TO PRACTICE

A lawyer shall not participate in offering or making:

(a) an agreement that restricts the rights of a lawyer to practice law after termination of a practice relationship, except agreements concerning benefits upon retirement; and except in situations involving sale of a law practice, or part thereof, as described in Rule 1.17, or

(b) an agreement in which a restriction on the lawyer's right to practice is part of the settlement of a controversy between private parties.

Id. R. Prof. Cond. 5.6

Commentary

[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.