Id the per se ban originated within the american bar

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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. Id. 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. Id. ¶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 article. 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.

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