27 NCAC 02 Rule 5.06
A lawyer shall not participate in offering or making:
(b) an agreement in which a restriction on the lawyer's right to practice is part of the settlement of a client controversy.
Comment
[1] An agreement restricting the right of lawyers 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.
[2] Paragraph (b) prohibits a lawyer from agreeing not to represent other persons in connection with settling a claim on behalf of a client.
[3] 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. The Rule also does not prohibit restrictions on a lawyer’s right to practice that are included in a plea agreement or other settlement of a criminal matter or the resolution of a disciplinary proceeding where the accused is a lawyer.
History Note: Authority G.S. 84-23;
Adopted September 24, 2015; March 1, 2003; July 24, 1997.