A lawyer shall not participate in offering or making:
N.M. R. Prof'l. Cond. 16-506
Committee 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 16-117 NMRA of the Rules of Professional Conduct.
[Adopted by Supreme Court Order No. 08-8300-29, effective November 3, 2008.]
.ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-29, effective November 3, 2008, in Paragraph A, changed "or employment" to "shareholders, operating, employment or other similar type of" and in Paragraph B, changed "controversy between private parties" to "client controversy". Compiler's notes. - The old ABA Comment was replaced by the 2008 committee commentary. Am. Jur. 2d, A.L.R. and C.J.S. references. - Enforceability of agreement restricting right of attorney to compete with former law firm, 28 A.L.R.5th 420.