Ethics Forum: Questions and Answers on Professional Responsibility
For years, I have worked on a major case that had multiple plaintiffs. A settlement has been reached but the other side wants me to agree not to handle any more of these. Quite frankly, I do not want to handle any more but can I reach such an agreement?
January 02, 2024 at 02:49 PM
8 minute read
Ethics
Chester County lawyer Samuel C. Stretton. Courtesy photo There are practical ways to resolve it but there can be no formal agreement to never represent clients on similar cases in the future.
For years, I have worked on a major case that had multiple plaintiffs. A settlement has been reached but the other side wants me to agree not to handle any more of these. Quite frankly, I do not want to handle any more but can I reach such an agreement?
The answer is very straightforward and is found in the black letter regulatory rule of 5.6. Rule 5.6(b) very specifically states that the following:
"A lawyer shall not participate in offering or making an agreement in which a restriction on the lawyer's right to practice is part of the settlement of a client controversy," see Rule 5.6(b) of the Rules of Professional Conduct.
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