As most lawyers know, restrictive covenants concerning lawyers, with the exception of bona fide retirement plans, are generally unenforceable pursuant to New York law. New York Rules of Professional Conduct 5.6. In New York, a client’s choice of counsel is preeminent, and, as restrictive covenants limit that choice of counsel, they are, generally speaking, unenforceable.

New York public policy also favors the broad interpretation and enforcement of arbitration clauses in agreements. This rule equally applies to arbitration provisions in law firm partnership agreements.