E. Limiting Liability for Malpractice

Question 1

Can Lawyers contract with Clients who limit his malpractice liability?*

Answer 1

NO!!!

- UNLESS Client is independently represented in making the contract!!!

Question 2

What is required for Lawyers to settle with Clients on pending/potential malpractice claims?*

Answer 2

1) Must advise Client first!!!
2) In writing!!!
3) Give time to Client seek independent advice re settlement!!!

Question 3

Can Lawyers escape discipline by reimbursing Clients for losses?

Answer 3

NO