Supra at 901 03 tex comm on professional ethics op 422

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Unformatted text preview: Ethics 889, Draper, supra, at 163; Penasack, 892 (1992). supra, at 901-03; Tex. Comm. on Professional Ethics, Op. 422, 48 Correct_____ Incorrect_____ Tex.B.J. 209 (1985). Indirect financial disincentives may interfere with this right just as much as direct covenants not to compete. A provision offering financial disincentives may force lawyers to give up their clients, thereby interfering with the client’s freedom of choice. Anderson, 461 N.W.2d at 601;Jacob, 607 A.2d at 148; Cohen, 550 N.E.2d at 411; Spiegel, 811 S.W.2d at 530; Hillman, supra,§,at 32. This violates both the language and spirit of DR 2-108 by restricting the practice of law. ¶2 In holding these agreements 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 Whiteside directs us to a 5.6 and its Model Code counterpart DR 2California Supreme Court opinion 108, which forbid restrictions on the right adopting the contrary position. See Howard v. Babcock,6 Cal.4th 409, 25 of the lawyer to practice law, have been Cal.Rptr.2d 80,863 P.2d 150(1993). justified by the need for a lawyer’s In Howard, the court held that an personal autonomy and the principle that agreement imposing a reasonable clients should have an unfettered right to cost on departing partners who choose representation from the widest compete with the firm in a limited area is enforceable. Id. at 90,863 possible pool of lawyers. P.2d at 160. Correct_____ Incorrect_____ 5 Secondary Sources (as downloaded from Westlaw) Continued from previous page. Glen S. Draper, Student Author, Enforcing Lawyers’ Covenants Not to Compete, 69 Wash. L. Rev. 161, 17475 (1994). ¶3 Courts following the majority rule reason that the public has a right to choose their attorneys. Whiteside v. Griffis & The pu...
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This document was uploaded on 01/15/2014.

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