Under public policy, non-compete agreements for lawyers are generally disallowed, with exceptions including:

• A. No non-compete for lawyers except in sale of business.
• B. Sale of business or conditional retirement benefit.
• C. Any employment with a large firm.
• D. For all lawyers if reasonable.

Answer: (B)

Public policy generally bars non-compete clauses for lawyers because locking a lawyer out of practicing in a area would limit client access to legal services and disrupt the profession’s openness. The recognized exceptions are narrowly tailored to protect the value of a specific, ongoing law practice or to honor a retirement arrangement. When a lawyer sells their practice, a non-compete can be included to protect the goodwill that the buyer is purchasing. Likewise, a retirement benefit can be conditioned on not continuing to practice in the same area, so the retiree’s compensation isn’t tied to competing with the sold practice. These carve-outs help ensure a smooth transition and protect the buyer’s investment while preserving the broader policy favoring client access to legal services. The other options would improperly broaden or waive the restriction, which public policy does not allow.