In this time of economic crisis and law firm upheaval, many lawyers have sought to change firms, searching for more stability and more money. The ethics rule that makes this transition possible for New York attorneys is Rule 5.6(a)(1) of the New York Rules of Professional Conduct (N.Y. Rule 5.6(a)(1)).1
In this article, we will discuss the scope and meaning of N.Y. Rule 5.6(a)(1) and its predecessor, explain and question the policies underlying the rule, and explore its application to two common situations: anti-poaching agreements and notice provisions. We will conclude with tips for those drafting or amending partnership agreements on how to address N.Y. Rule 5.6(a)(1)’s restrictions.
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