May a settlement bar the client's lawyer from representing other claimants against the same employer for five years?

Short answer The opinion says Rule 4-5.6(b) prohibits the lawyer from agreeing to the proposed five-year restriction on representing other salespeople with claims against the agency.

Bar

MOLEC

Issued

1997

Apply this to your situation

This page answers the general question as of 1997. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

How much weight this carries: Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The lawyer represented an insurance salesman in a dispute with a former employer. During settlement talks, opposing counsel asked the lawyer to agree not to represent any other salesperson with a claim against the agency for five years.

The answer says Rule 4-5.6(b) prohibited entering into that proposed agreement. The published answer gives no analysis beyond that rule-based conclusion.

Currency note

This opinion was issued in 1997, before Missouri's 2007 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Could counsel accept the five-year future-client restriction?

A: No. The opinion says Rule 4-5.6(b) prohibits the proposed agreement.

Q: What future work would the restriction have covered?

A: Representation of other salespeople with claims against the same agency.

Background and rules framework

The opinion applies Rule 4-5.6(b) to a settlement term limiting the lawyer's future representation of other claimants against the opposing party.

Citations and references

Missouri Rules of Professional Conduct:

Rule 4-5.6(b)

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/970201/
Rule revision reference: Missouri Informal Opinion 20030007

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Attorney represents an insurance salesman in a dispute against the salesman´s former employer. In the process of trying to settle the matter the opposing attorney requested that Attorney agree to refrain from representing any other salesman with claims against the agency for a period of five years. May Attorney ethically enter into such an agreement? ANSWER: Rule 4–5.6(b) prohibits Attorney from entering into the proposed agreement.

What do the rules say today, for your facts?

This opinion is from 1997. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

Opens in Ezel Pro.

Checks the law as it stands today, not only this page
Cites every source it relies on, so you can verify it
Chat, drafting and research in one workspace