Rule 4-5.6(b) of the Rules of Professional Conduct for lawyers prohibits clauses in settlement agreements that restrict the lawyer’s right to practice.
“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 controversy between private parties.”
The Professional Ethics Committee of The Florida Bar has published Proposed Advisory Opinion 04-02 [revised] which highlights a particular provision in a settlement agreement which violates this rule. The settlement provision also contains interesting language requiring the settlement to be confidential.
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