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Ch 32, p.68 RULES OF PROFESSIONAL CONDUCT May 2012
admitted to practice law generally in this jurisdiction.
[16] Paragraph (d)(1) applies to a lawyer who is employed by a client to provide legal services
to the client or its organizational affiliates, i.e., entities that control, are controlled by, or are under
common control with the employer. This paragraph does not authorize the provision of personal
legal services to the employer’s officers or employees. The paragraph applies to in-house corporate
lawyers, government lawyers, and others who are employed to render legal services to the employer.
The lawyer’s ability to represent the employer outside the jurisdiction in which the lawyer is licensed
generally serves the interests of the employer and does not create an unreasonable risk to the client
and others because the employer is well situated to assess the lawyer’s qualifications and the quality
of the lawyer’s work.
[17] If an employed lawyer establishes an office or other systematic and continuous presence in
this jurisdiction for the purpose of rendering legal services to the employer, the lawyer must register
and follow the requirements of Iowa Court Rule 31.16.
[18] Paragraph (d)(2) recognizes that a lawyer may provide legal services in a jurisdiction in
which the lawyer is not licensed when authorized to do so by federal or other law, which includes
statute, court rule, executive regulation, or judicial precedent.
[19] A lawyer who practices law in this jurisdiction pursuant to paragraph (c) or (d) or otherwise
is subject to the disciplinary authority of this jurisdiction. See rule 32:8.5(a).
[20] In some circumstances, a lawyer who practices law in this jurisdiction pursuant to paragraph
(c) or (d) may have to inform the client that the lawyer is not licensed to practice law in this
jurisdiction. For example, that may be required when the representation occurs primarily in this
jurisdiction and requires knowledge of the law of this jurisdiction. See rule 32:1.4(b).
[21] Paragraphs (c) and (d) do not authorize communications advertising legal services to
prospective clients in this jurisdiction by lawyers who are admitted to practice in other jurisdictions.
Whether and how lawyers may communicate the availability of their services to prospective clients
in this jurisdiction is governed by rules 32:7.1 to 32:7.5, 32:7.7, and 32:7.8.
[Court Order April 20, 2005, effective July 1, 2005; May 14, 2007]
Rule 32:5.6: RESTRICTIONS ON RIGHT TO PRACTICE
A lawyer shall not participate in offering or making:
(a) a partnership, shareholders, operating, employment, or other similar type of agreement
that restricts the right of a lawyer to practice after termination of the relationship, except an
agreement concerning benefits upon retirement; or
(b) an agreement in which a restriction on the lawyer’s right to practice is part of the
settlement of a client controversy.
Comment
[1] An agreement restricting the right of lawyers to practice after leaving a firm not only limits
their professional autonomy but also limits the freedom of clients to choose a lawyer. Paragraph
(a) prohibits such agreements except for restrictions incident to provisions concerning retirement
benefits for service with the firm.
[2] Paragraph (b) prohibits a lawyer from agreeing not to represent other persons in connection
with settling a claim on behalf of a client.
[3] This rule does not apply to prohibit restrictions that may be included in the terms of the sale
of a law practice pursuant to rule 32:1.17.
[Court Order April 20, 2005, effective July 1, 2005]
Rule 32:5.7: RESPONSIBILITIES REGARDING LAW-RELATED SERVICES
(a) A lawyer shall be subject to the Iowa Rules of Professional Conduct with respect to the
provision of law-related services, as defined in paragraph (b), if the law-related services are
provided:
(1) by the lawyer in circumstances that are not distinct from the lawyer’s provision of legal
services to clients; or
(2) in other circumstances by an entity controlled by the lawyer individually or with others
if the lawyer fails to take reasonable measures to ensure that a person obtaining the