Rule 5.6.Restrictions on Right to Practice
                                                                
Rule 5.6.Restrictions on Right to Practice 
 A lawyer shall not participate in offering or making: 
  
 (a)A partnership or employment agreement that restricts the right of a 
 lawyer to practice after termination of the relationship, except an agreement 
 concerning benefits upon retirement or as permitted in Rule 1.17; or 
  
 (b)an agreement in which a restriction on the lawyer's right to 
 practice is part of a settlement of a controversy or suit. 
  
 
                                                                
ANNOTATIONS
Source: (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).