Associate Alex Domingue presented at the Louisiana State Bar Association (LSBA) Ethics Friday 2024 CLE Series on July 19, 2024. His topic was “Don’t Take Risks with 5.6,” an analysis of rule 5.6 of the Louisiana Rules of Professional Conduct and its application for attorneys in Louisiana. The CLE was based on Alex’s article of the same name that was published in the Louisiana Bar Journal October/November 2023 issue. As he notes in the article, “Rule 5.6 provides:

A lawyer shall not participate in offering or making: (a) a partnership, shareholders, operating, employment, or other similar type of agreement that restricts the rights of a lawyer to practice after termination of the relationship . . . (b) an agreement in which a restriction on the lawyer’s right to practice is part of the settlement of a client controversy.

The policy justification behind such an absolute rule is to ensure that lawyers can practice freely and that clients are not restricted in choosing which attorney will represent them. Despite the rule’s seem- ingly clear language, its application can be perplexing due to the exception within the rule, the rule’s application alongside other Rules of Professional Conduct and its related jurisprudence. Although Rule 5.6 was drafted with good intent, properly applying the rule can be complex.”

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About Alex Domingue

Alex’s areas of practice include the defense of employers and insurance carriers for claims arising under the Jones Act, Longshore and Harbor Workers’ Compensation Act, Defense Base Act, and War Hazards Compensation Act.

Alex recently acted as the moderator for the morning session of the Louisiana State Bar Association (LSBA) 64th Bi-Annual Bridging the Gap Seminar. He is a member of the LSBA Young Lawyers Division Continuing Legal Education Committee and Ethics Advisory Service Committee. More >