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| Title 5. Attorneys and the State Bar |
Oklahoma Statutes Citationized
Title 5. Attorneys and the State Bar
Chapter 1 - Attorneys and Counselors
Appendix 3-A - Oklahoma Rules of Professional Conduct
Article Law Firms and Associations
Section Rule 5.6 - Restrictions on Right to Practice
Cite as: O.S. §, __ __
Oklahoma Rules of Professional Conduct
Chapter 1, App. 3-A
Law Firms and Associations
A 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
(b) an agreement in which a restriction on the lawyer's right to practice is part of the settlement of a client controversy.
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.
Historical Data
Amended by order of the Supreme Court, 2007 OK 22; effective January 1, 2008. (superseded document available )
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