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
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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- Winter '14
- Law, Lawyer, attorney, Legal Writing Institute, Whiteside