It’s been a busy last couple of weeks. One issue I have been dealing with is an opposing counsel’s attempt to have me agree to language in a proposed settlement agreement between my client (employee) and his client (employer) that I will refrain from representing other individuals in legal matters against his client. By way of background, during the course of depositions taken in the case, it became apparent to myself, as well as opposing counsel, that other current employees at the company may also have legal claims against the company.

I have only had this come up once before in my practice. Strangely, this was also a recent topic on an attorney list serve that I am a member of.

Fortunately, there is an ethical rule on point, which forbids such attempts at restricting an attorney’s right to represent whoever the attorney chooses to represent. Click here.

As you can see, TRPC 5.6(b) provides, quite clearly I might add, that “[a] lawyer shall not participate in offering or making . . . an agreement in which a restriction on the lawyer’s right to practice is part of the settlement of a controversy between private parties.” Comment [2] to TRPC 5.6 further states that “[p]aragraph (b) prohibits a lawyer from agreeing not to represent other persons in connection with settling a claim on behalf of a client.”

When advised of this rule, opposing counsel deleted the proposed language and we moved on to argue about other matters! In any event, it is worth noting that attempting to refrain an attorney from representing other persons is forbidden in Tennessee.