Does Missouri's lawyer noncompetition rule apply to a mediator's contract restricting only mediation work?

Plain-English summary

A lawyer acting as a mediator asked whether mediation was itself law practice and whether a contract with a mediation service could restrict the lawyer from competing after the relationship ended. The question identified Rule 4-5.6 as prohibiting contracts that restrict a lawyer's right to practice law.

The answer distinguishes mediation from law practice: mediation alone is not law practice, although the two roles can be mixed, especially when the person is presented to the public as both lawyer and mediator. Because the clause described in the question restricted only the person's ability to mediate, the answer says Rule 4-5.6 did not apply.

Currency note

This opinion was issued in 1998, 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: Is acting as a mediator, by itself, the practice of law?

A: No. The answer says mediation alone is not law practice, while recognizing that the two roles can be mixed.

Q: Did Rule 4-5.6 apply to this contract clause?

A: No. The answer says the clause restricted only mediation, so Rule 4-5.6 did not apply.

Background and rules framework

The opinion analyzes only the described restriction on mediation activity. Its question identifies Rule 4-5.6 as the rule prohibiting contracts that restrict a lawyer's right to practice law.

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-5.6

See also

• Missouri Informal Op. 2010-0055: Mediator Dissolution Documents
• Missouri Informal Op. 990099: Court-Certified Mediator Claim

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/980042/
• Rule revision reference: Missouri Informal Opinion 20030007

Original opinion text

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

QUESTION: Question 1. Is an attorney who acts as a mediator thereby engaged in the practice of law? Question 2. Is a contract between a mediator and a mediation service which prohibits the mediator from competing with the mediation service for a period of time upon the termination of the relationship in violation of Rule 4–5.6, prohibiting an attorney from entering into a contract restricting the right of an attorney to practice law?
ANSWER: Question 1. The practice of mediation is not, by itself, the practice of law. However, it is very possible for the two to be mixed, particularly in a situation where the attorney is held out to the public as an attorney in addition to being held out as a mediator. Question 2. Because the clause about which Attorney asks only restricts the individual´s ability to mediate, Rule 4–5.6 does not apply.