Rules of Professional Conduct
Rule 5.6: Restrictions on Right to Practice
A lawyer shall not participate in offering or making:
(a) A partnership, shareholders, operating, employment, or other similar type of agreement that restricts the rights 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 controversy between parties.
Comment
[1] An agreement restricting the right of partners or associates 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. Whether provisions limiting benefits are retirement provisions, excepted by this rule, will depend on a number of factors. See Neuman v. Akman, 715 A.2d 127 (D.C. 1998).
[2] Restrictions, other than those concerning retirement benefits, that impose a substantial financial penalty on a lawyer who competes after leaving the firm may violate paragraph (a).
[3] Paragraph (b) prohibits a lawyer from agreeing not to represent other persons in connection with settling a claim on behalf of a client.
[4] Although a lawyer may agree to work exclusively on behalf of a single client for a given period, in light of the strong policy in favor of providing a free choice of counsel, see, e.g., Jacobson Holman PLLC v. Gentner, 244 A.3d 690, 700-03 (D.C. 2021), outside of such an exclusive relationship, a lawyer should not agree to restrictions a client seeks to place on the lawyer’s ability to represent other individuals or entities whose representation is not otherwise precluded by these rules if those restrictions would unduly interfere with the general ability of clients to obtain lawyers or lawyers’ ability to engage in public service or would undermine the integrity of the profession.
[5] This rule does not prohibit restrictions that may be included in the terms of the sale of a law practice pursuant to Rule 1.17.
This page contains amendments to the District of Columbia Rules of Professional Conduct adopted by the D.C. Court of Appeals on May 14, 2025, and effective September 15, 2025. The amendments affect D.C. Rules 1.6 (Confidentiality of Information), 1.7(Conflict of Interest: General Rule), 1.16(Declining or Terminating Representation) and Rule 5.6 (Restrictions on Right to Practice). A summary of the changes and the court’s order implementing these changes, including both clean and redline versions of the text as amended, can be found here.
