After being charged with assault arising from a bar fight, a client contacted an attorney about retaining her services. The attorney and the client agreed to an hourly rate of $150 and a retainer deposit of $5,000. The attorney then presented the client with her standard representation contract. The contract provided that the client waived all right to sue the attorney for professional negligence and that the client "read, understood, and agrees" to all terms and provisions set forth in the contract. Why is the contract a violation of the Model Rules?

Question

Quizplus · Accepted Answer

The contract a violation of the Model Rules because the client must waive all professional negligence claims against attorney. "A lawyer shall not . . . make an agreement . . . limiting the lawyer's liability to a client for malpractice unless the client is independently represented in making the agreement." Model Rule 1.8(h)(1).
Answer A is the best choice because the waiver in the contract is a limitation on the attorney's liability to the client. Answer B is not the best choice because waivers are not absolutely prohibited. Answer C is not the best choice because no presumption is made regarding whether clients read representation contracts.

After Being Charged with Assault Arising from a Bar Fight