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 is permitted if the lawyer believes the possibility of malpractice is low
A clause releasing malpractice liability is valid if the attorney explains it at the first meeting
A clause limiting malpractice liability requires that the client has separate representation to be enforceable
A clause releasing malpractice claims is enforceable if the client later consents to it during the representation
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.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
Why is separate representation required for enforceability of malpractice disclaimers?
Open an interactive chat with Bash
What are the risks of including a clause to release future malpractice claims?
Open an interactive chat with Bash
What does it mean for a clause to be unconscionable in a legal context?
Open an interactive chat with Bash
Multistate Professional Responsibility Exam
Competence, legal malpractice, and other civil liability