Crucial Exams

Multistate Professional Responsibility Exam Practice Question

A law firm and an associate sign an agreement stating that if the associate practices within a certain region after leaving, the associate must surrender fees already earned. Which statement best describes whether this provision complies with rules governing lawyer practice?

  • The agreement is enforceable due to the firm’s training outlays and investment in the associate

  • The provision is permissible if it is supported by the firm’s business interests, and it helps prevent client confusion

  • This provision is not permissible because professional rules forbid clauses that penalize a lawyer’s continued practice, apart from certain retirement contexts

  • Whether the provision is enforceable depends on the statutes of the applicable state.

Multistate Professional Responsibility Exam
Regulation of the legal profession
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