In a case involving two issues of first impression, the Colorado Court of Appeals has cracked down on contractual terms imposed by law firms to deter departing lawyers from taking clients with them.

In Johnson Family Law v. Bursek, Judge Morris B. Hoffman wrote for the appeals court that financial disincentives designed to indirectly discourage, rather than outright prohibit, attorneys from continuing to represent clients after leaving a firm can still be violations of Colorado Rule of Professional Conduct 5.6(a), which prohibits any “agreement that restricts the right of a lawyer to practice.”

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]