Under Rule 5.6 Restrictions on Right to Practice, which statement describes the prohibition?

Study for the MPRE Rules Test. Utilize flashcards and multiple choice questions, each with hints and explanations. Prepare effectively for your exam!

Multiple Choice

Under Rule 5.6 Restrictions on Right to Practice, which statement describes the prohibition?

Explanation:
Rule 5.6 bars any agreement that restricts a lawyer’s right to practice after the lawyer–client or employment/partnership relationship ends. That means you can’t have a contract that says you won’t practice after leaving a firm, nor can you tie a settlement with a client to giving up the right to practice. These post-termination restraints threaten the public’s access to legal services and a lawyer’s freedom to practice, so they’re generally invalid. The statements describe two typical forms of such restraints, and both are prohibited, so recognizing that both are barred best reflects the rule.

Rule 5.6 bars any agreement that restricts a lawyer’s right to practice after the lawyer–client or employment/partnership relationship ends. That means you can’t have a contract that says you won’t practice after leaving a firm, nor can you tie a settlement with a client to giving up the right to practice. These post-termination restraints threaten the public’s access to legal services and a lawyer’s freedom to practice, so they’re generally invalid. The statements describe two typical forms of such restraints, and both are prohibited, so recognizing that both are barred best reflects the rule.

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