Right to Practice

Question 1

Right to practice - employment

Answer 1

An attorney cannot offer or make an employment contract that restricts another attorney’s right to practice–this includes non-compete agreements and foreiture-for-competition clauses.

Question 2

Right to practice - settlement agreements

Question 3

What does the duty of fairness to opposing party/counsel prohibit?

Answer 3

1. obstructing access to evidence
2. falsifying evidence
3. frivilous discovery requests
4. requesting that a person who is not the client refrain from volunteering information
5. alluding to irrelevant issues, unsupported claims, or personal opinions during a trial
6. knowingly disobeying the rules of the tribunal

Question 4

When do lawyers have a duty to report the misconduct of other lawyers?

Answer 4

1. actual knowledge (personal observation/inferred from the circumstances)
2. the violation raises a substantial question re the lawyers honesty, trustworthiness or fitness

Mere suspicion is not enough.