ANNOTATIONSSource:
(a) and Comment amended and adopted June 12, 1997, effective July 1, 1997.
COMMENT
An agreement restricting the right of a lawyer to practice after leaving a
firm not only limits the lawyer's 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 or restrictions included in the terms of a
sale pursuant to Rule 1.17.
Paragraph (b) prohibits a lawyer from agreeing not to represent
other persons in connection with settling a claim on behalf of a client.
COMMITTEE COMMENT
This Rule is substantially similar to DR 2-108, but it properly
extends the proscriptions contained in the Disciplinary Rule to offers
as well as actual agreements.
ANNOTATION
Law reviews. For formal opinion of the Colorado Bar Association Ethics
Committee on Practice Restrictions in Settlement Agreements, see 22 Colo.
Law. 1673 (1993).
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