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Unformatted text preview: nts unenforceable, the courts routinely rely on
the legal profession’s own per se ban on restrictive covenants of any form.
The per se ban originated within the American Bar Association in
1961, was subsequently adopted in both the Model Code and the
Model Rules, and has universally prevailed in state courts as well
as bar ethics committees for three decades. Model Rule 5.6 and its
Model Code counterpart DR 2-108, which forbid restrictions on the
right of the 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
possible pool of lawyers.
¶3 Correct. This passage properly attributes the analysis—the rationale of the majority
rule—to the source, which is consistent with Rule 3. Note, also, that the passage is
authoritative because it does provide a source.
¶4 Incorrect. This passage violates Rule 3 because it expresses the same idea as the
Draper article. To avoid an allegation of plagiarism, there should be citation to the Draper
This is how the passage should be cited:
This reasoning, however, is open to attack. Doctors, accountants, and
other professionals routinely enter into non-competition agreements, and
the courts just as routinely hold them enforceable if they are “reasonable.”
Glen S. Draper, Student Author, Enforcing Lawyers’ Covenants Not to
Compete, 69 Wash. L. Rev. 161, 174-75 (1994). The public interest in
choosing one’s doctor is as important as the public interest in choosing
one’s attorney. Id.
¶5 Correct. Here, consistent with Rules 4 and 5, the writer acknowledged the idea and
case that came from another source, which the writer will now build upon in the rest of
analysis. Determining when and how to comply with Rules 4 and 5, as well as when and
how to use signals, can be complex. These matters likely will be discussed in your legal
writing course. 8 ¶6 Incorrect. Most of the second sentence (the court held that an...
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This document was uploaded on 01/15/2014.
- Winter '14