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Rule 5.6. Restrictions on right to practice.

A licensed paralegalpractitioner shall not participate in offering or making:

(a) a partnership,shareholder, operating, employment, or other similar type of agreement thatrestricts the right of a licensed paralegal practitioner to practice aftertermination of the relationship, except an agreement concerning benefits uponretirement; or

(b) anagreement in which a restriction on the licensed paralegal practitioner?s rightto practice is part of the settlement of a client controversy.

 

Comment

[1] An agreementrestricting the right of licensed paralegal practitioners to practice afterleaving a firm not only limits their professional autonomy but also limits thefreedom of clients to choose a licensed paralegal practitioner. Paragraph (a)prohibits such agreements except for restrictions incident to provisionsconcerning retirement benefits for service with the firm.

[2] Paragraph (b)prohibits a licensed paralegal practitioner from agreeing not to represent otherpersons in connection with settling a claim on behalf of a client.

[3] This Rule does not apply to prohibitrestrictions that may be included in the terms of the sale of a licensedparalegal practitioner practice pursuant to Rule 1.17.

 

Effective November 1, 2018