Rule 5.6 - Restrictions on Right to PracticeA lawyer shall not participate in offering or making:
(a) a partnership, shareholders, 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 an agreement for the sale of a law practice consistent with 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 client controversy.Adopted by Order of the Supreme Court of Pennsylvania dated October 16, 1987 effective 4/1/1988; amended effective 1/1/2005, 1/6/2005, 3/17/2005, 4/23/2005, 7/1/2006, 9/20/2008, 4/3/2009, 5/2/2009, 4/9/2012, 4/18/2012, 6/16/2012, 7/4/2012, 11/21/2013, 2/9/20152/28/2015, 10/23/2016, 11/25/2016, 1/4/2017, 7/1/2018, 9/28/2018, 2/7/2019, 5/18/2019, 9/14/2019, 11/25/2020, 12/8/2020, 2/24/2021, 8/25/2021 and 4/11/2023.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 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.