Advisory Opinion: 1998

Year Issued: 2002

RPC(s): RPC 5.6(a)

Subject: employment agreement, restriction of right to practice law after leaving law firm

A clause in the employment agreement of the inquiring lawyer’s firm provides that partners/shareholders of the firm will not solicit, hire, or recruit lawyers at the firm for a period of years after termination of employment. There is no pending litigation regarding this clause, but the inquiring lawyer, who is responsible for the firm’s compliance with the Rules of Professional Conduct, wishes to know whether the clause violates the Rules. The inquiring lawyer has cited the committee, ABA Informal Opinion 1417 (1978) and Jacob v Norris, McLaughlin & Marcus, 607 A.2d 142, 128 N.J. 10 (1992).

An employment agreement which prevents a partner/shareholder who is leaving the firm from soliciting, hiring, or recruiting other lawyers in the firm does violate RPC 5.6(a). It constitutes a restriction on the right to practice of the partner/shareholder who is leaving and the right to practice of the other lawyers of the firm. The provision also impacts consumers of legal services, because it can prevent formation of teams of lawyers that might best represent those consumers.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.