For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390.

To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com
This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Menu
  • Sign In

    • Rule 1.8.8

    | Oct. 17, 2018
    Professional Responsibility

    Oct. 17, 2018

    Rule 1.8.8

    See more on Rule 1.8.8

    Limiting Liability to Client

    Attachments

    A lawyer shall not:

    (a) Contract with a client prospectively limiting the lawyer's liability to the client for the lawyer's professional malpractice; or

    (b) Settle a claim or potential claim for the lawyer's liability to a client or former client for the lawyer's professional malpractice, unless the client or former client is either:

    (1) represented by an independent lawyer concerning the settlement; or

    (2) advised in writing* by the lawyer to seek the advice of an independent lawyer of the client's choice regarding the settlement and given a reasonable* opportunity to seek that advice.

    Comment

    [1] Paragraph (b) does not absolve the lawyer of the obligation to comply with other law. (See, e.g., Bus. & Prof. Code, § 6090.5.)

    [2] This rule does not apply to customary qualifications and limitations in legal opinions and memoranda, nor does it prevent a lawyer from reasonably* limiting the scope of the lawyer's representation. (See rule 1.2(b).)

    #349733

    For reprint rights or to order a copy of your photo:

    Email jeremy@reprintpros.com for prices.
    Direct dial: 949-702-5390

    Send a letter to the editor:

    Email: letters@dailyjournal.com

    Sign up for Daily Journal emails



    By using our website, you agree to our use of cookies in accordance with our cookie policy. You can learn more about how we use cookies by reviewing our Privacy Policy here.