Ethics Question of the Week: Can I block opposing counsel from representing other claimants?

Q. I’m settling a case with plaintiff’s counsel in a matter that I know involves other potential claimants. Can I include a provision in the settlement agreement that precludes plaintiff’s counsel from soliciting, or representing, other claimants?

A. RPC 5.6(b) provides that a lawyer may not offer or make an agreement in which a restriction on the lawyer’s right to practice is part of the settlement of a client controversy. Comment [2] to that Rule clarifies that it “prohibits a lawyer from agreeing not to represent other persons in connection with settling a claim on behalf of a client.”

ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.

[Disclaimer. These questions are representative of calls received on the ISBA’s ethics hotline. The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed. The information provided isn’t legal advice. Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.]