Legal Opinion
Bennett v. Ashcraft & Gerel, LLP
Court of Special Appeals of Maryland
Decided October 27, 2023No. 0031/22Published
1Opinion of the Court
Jamie Bennett v. Ashcraft & Gerel, LLP, No. 31, Sept. Term 2022. Opinion by Arthur, J. FEE-SHARING AGREEMENT—ENFORCEABILITY OF AGREEMENT Maryland Rule 19-305.6(a) prohibits an attorney from making “a partnership, shareholders, operating, employment, or other similar type of agreement that restricts the right of an attorney to practice after termination of the relationship, except an agreement concerning benefits upon retirement.” The rule is based on ABA Model Rule of Professional Conduct 5.6(a). The policy underlying the rule is enunciated in Comment 1: “An agreement restricting the right of…
2Cases cited58 opinions
- Jacob v. Norris, McLaughlin & MarcusSupreme Court of New Jersey · 1992
- Howard v. BabcockCalifornia Supreme Court · 1993
- RRC Northeast, LLC v. BAA Maryland, Inc.Court of Appeals of Maryland · 2010
- Josephine Spaulding v. Wells Fargo Bank, N.A.Court of Appeals for the Fourth Circuit · 2013
- I. W. Berman Properties v. Porter Bros.Court of Appeals of Maryland · 1975
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