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Rule 3-400 Limiting Liability to Client

Rule 3-400 Limiting Liability to Client

Rules of Professional Conduct

Rule 3-400 Limiting Liability to Client

A member shall not:
    (A) Contract with a client prospectively limiting the member's liability to the client for the member's professional malpractice; or
    (B) Settle a claim or potential claim for the member's liability to the client for the member's professional malpractice, unless the client is informed in writing that the client may seek the advice of an independent lawyer of the client's choice regarding the settlement and is given a reasonable opportunity to seek that advice.
Discussion:
Rule 3-400 is not intended to apply to customary qualifications and limitations in legal opinions and memoranda, nor is it intended to prevent a member from reasonably limiting the scope of the member's employment or representation. (Amended by order of Supreme Court, operative September 14, 1992.)

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