Advisory Opinion: 1384

Year Issued: 1990

RPC(s): RPC 5.6

Subject: Restrictions on right to practice; non-compete clause in contract with retiring partner

The Committee reviewed the contract provision regarding the retiring partner as submitted with your inquiry. The Committee was of the opinion that if this is an actual retirement agreement, and not an agreement in settlement of a controversy, there is no violation of RPC 5.6. However, the Committee could render no opinion on the validity of the liquidated damages provision.

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.