Read Illinois Rule of Professional Conduct 5.6 Restrictions on Right to Practice
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Rule 5.6 Restrictions on Right to Practice
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Opinion 23-05 |
Corporate and In-House Counsel | Restrictions on a Lawyer’s Practice
Lawyers offering or making an employment agreement that restricts the right of an in-house lawyer to practice law after termination of employment, such as through a noncompete provision, do not comply with the Illinois Rules of Professional Conduct.
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Opinion 18-03 |
Communication With Represented Person
Rule 4.2 does not bar lawyer from communicating with prospective client about a potential matter even though the prospective client is currently represented by another lawyer in connection with that same matter.
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Opinion 12-14 |
Advertising and Solicitation | Communication With Client | Law Firm Partnership and Employment Agreements | Law Firms
After departure, an associate who has left a law firm may contact clients of the firm with whom he had an attorney-client relationship. The Rules of Professional Conduct do not preclude him from informing such clients that he has departed and that they have the right to continue with the firm or transfer the file to him. Notice to the client is mandatory where a departing associate has been involved in representing the client in such degree or kind that the departure could reasonably affect either the client’s decisions regarding the representation or the means of accomplishing the client’s objectives. In such case, the associate must ensure that he or the firm (or both) timely inform the client of his departure. Whether such notice must issue before the associate’s departure will depend on the circumstances.
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Opinion 94-15 |
Former Client
- A lawyer who has formerly represented a client in a divorce action, child support and visitation proceedings and multiple real estate transactions, one of which was jointly for the former client and current client has a conflict of interest preventing representation of the current client in a divorce action against the former client.
- A party seeking the disqualification of former counsel bears the burden of proving that present and prior representations are substantially related.
- Where prior representation is substantially related to the current action, there is an irrebuttable presumption that confidential information was disclosed, thereby precluding representation of the current client absent consent of the former client.
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Opinion 91-12 |
Law Firm Partnership and Employment Agreements | Restrictions on a Lawyer’s Practice
Attorney's contract of employment with firm that precludes him for a period of three years from his termination date from calling upon, servicing or soliciting clients that dealt with the firm while he was employed violates Rule 5.6 prohibitions against restricting the right of an attorney to practice after terminating employment with a firm.
Rule 5.6(a)
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Opinion 23-02 |
Division of Fees | Law Firm Partnership and Employment Agreements | Restrictions on a Lawyer’s Practice
Under Rule 1.5(e), a law firm may agree to share fees with a retired partner as part of a retirement agreement. However, Rules 1.5(e) and 5.6 bar the firm from requiring that a lawyer or the lawyer’s new firm continue to share fees with the retired partner after the lawyer has left the firm.
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Opinion 97-09 |
Law Firm Partnership and Employment Agreements | Restrictions on a Lawyer’s Practice
Law firm partnership agreement that provides that former partners who compete after withdrawal forfeit a portion of the departure compensation violates the Illinois Rules of Professional Conduct.
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Opinion 93-13 |
Law Firm Partnership and Employment Agreements | Restrictions on a Lawyer’s Practice
Employment agreement providing for execution of promissory note by attorney/employee payable only if he/she competes after terminating employment is professionally improper.
Rule 5.6(b)
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Opinion 11-02 |
Conflict of Interest | Restrictions on a Lawyer’s Practice
A conflict of interest would be created between Lawyer’s representation of one client and other similar clients if Lawyer were to sign a confidentiality agreement required by an accounting firm that would prohibit Lawyer from divulging a package of ideas developed by the accounting firm that would reduce the client’s tax obligations. For purposes of the Illinois Rules of Professional Conduct, a lawyer cannot agree to keep confidential interpretations of the law.