Multistate Professional Responsibility Exam Practice Question
Attorney Grace includes a provision in her fee agreement stating that the client releases future malpractice claims. The client signs without consulting another lawyer. Which choice best describes professional responsibility obligations for disclaimers of malpractice liability?
A clause releasing malpractice liability is valid if the attorney explains it at the first meeting
A clause releasing malpractice claims is enforceable if the client later consents to it during the representation
A clause limiting malpractice liability requires that the client has separate representation to be enforceable
A clause is permitted if the lawyer believes the possibility of malpractice is low
Disclaimers of malpractice liability are generally not enforceable unless the client is independently advised in making that agreement, typically through separate counsel. This protects the client from unfair contract terms that reduce their legal remedies. Other options here do not address that requirement or suggest that the client’s signature alone is enough or that the attorney’s personal belief about risk is relevant.
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Why does the client need separate legal representation to agree to a malpractice disclaimer?
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What distinguishes disclaimers of malpractice liability from standard contract clauses?
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Are malpractice disclaimers ever enforceable without separate counsel for the client?
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Multistate Professional Responsibility Exam
Competence, legal malpractice, and other civil liability
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