5 recently however at least one jurisdiction

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Unformatted text preview: Model Rules, and has universally prevailed in state courts as well as bar ethics committees for three decades. ¶5 Recently, however, at least one jurisdiction, California, has refused to follow the per se rule followed by the vast majority of courts. See Penasack, 5 Geo. J. Leg. Ethics at 892. Correct_____ Incorrect_____ Continued on next page. 6 Continued from previous page. Model Rule 5.6 and its Model Code counterpart DR 2-108, which forbid restrictions on the right of a lawyer to practice law, have been justified by the need for lawyer personal autonomy and the principle that clients should have an unfettered right to choose representation from the widest pool of lawyers. Continued from previous page. ¶6 Plaintiff Morgan Haley will rely on Howard v. Babcock, 863 P.2d 150 (Cal. 1993). In that case, the court held that an agreement imposing a reasonable cost on departing partners who compete with the firm in a limited area is enforceable. Correct_____ Incorrect_____ The California Court of Appeal, in Haight, Brown & Bonesteel v. Superior Court of Los Angeles Co., [FN15] recently rejected the per se rule that resulted in the invalidation of agreements anticipating competition. The court recognized the principle of client choice, the traditional justification for invalidating outright bans on competition, but refused to hold that this public policy “places lawyers in a class apart from other business and professional partnerships,”[FN16] in which reasonable covenants not to compete are upheld as a valid means of protecting firms’ legitimate interests. . . . ANSWER KEY ¶1 Correct. Here the writer paraphrased from the source and properly acknowledged that source in the citation as required by Rule 2. ¶2 Incorrect. This passage violates Rules 1 and 2. The first sentence should be followed by a citation to the Penasack article because it is a direct paraphrase from that source. The rest of the paragraph is a direct quote. To avoid an allegation of plagiarism, that passage should be block quoted. The quote must be properly attributed through the use of a citation. 7 This is how the passage should be punctuated and cited: In holding these agreeme...
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