Weighing Lawyer Employment Agreements In Mass.

Law360, New York (March 5, 2009, 12:00 AM EST) -- Depending upon the jurisdiction, lawyers are prohibited either by Rule 5.6 of the Rules of Professional Conduct or by Canon 2, DR 2-108(A) of the Model Code of Professional Responsibility from entering into agreements (other than agreements concerning retirement benefits) that restrict their ability to practice law following the termination of their relationship with their firm.

Because the underlying purpose of these rules is to protect client choice of counsel, courts have interpreted the rules to prohibit lawyers not only from agreeing to be bound by...
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