Fearnow v. Ridenour, Swenson, Cleere & Evans, P.C.

OPINION

HURWITZ, Justice.

¶ 1 Ethical Rule (“ER”) 5.6(a) of the Arizona Rules of Professional Conduct prohibits an “agreement that restricts the right of a lawyer to practice [law] after termination of [a law firm] relationship.” Ariz. R. Sup.Ct. 42 (2006). This case involves the application of ER 5.6(a) to & shareholder agreement requiring a departing lawyer to tender his stock to a professional corporation for no compensation if he thereafter competes with the corporation in the practice of law. We hold that such an agreement does not violate ER 5.6(a), but rather should be evaluated under…