It's B, Model Rule 5.6(b). But questions like this shouldn't be on the bar. It's an ethics rule violation for the lawyers to propose or make the agreement, but that agreement might be in the client's best interest. It's not a legal issue that prevents enforcement of the rest of the agreement. I wouldn't propose one, but if on the receiving end and it's in my client's best interest I'm adding a severabilty clause and advising my client to take the deal.
2022-03-13 20:06:50 +0000 UTC
B. Sorry, Thomas, but this was one where you need to know the rules to get it right. Model rules (and all the states I know of, but I can't/won't assume all states' rules) prohibit settlement agreements that preclude a party's lawyer from representing clients in future suits.