Civil Litigation,
Ethics/Professional Responsibility
Apr. 27, 2017
Limiting liability to client (Rule 1.8.8)
Proposed Rule 1.8.8 clarifies requirements to settle a malpractice claim with a current or former client, and keeps a complete bar from prospectively limiting malpractice claims intact.
Jason E. Fellner
Partner
Fellner Law Group
Legal malpractice
Email: jfellner@fellnerlawgroup.com
University of San Francisco School of Law
Caitlin T. DiMaggio
Associate
Murphy, Pearson, Bradley & Feeney PC
88 Kearny St 10th Fl
San Francisco , CA 94108
Phone: (415) 788-1900
Fax: (415) 393-8087
Email: cdimaggio@mpbf.com
UC Hastings
Special Coverage
PROPOSED RULES OF PROFESSIONAL CONDUCTProposed Rule 1.8.8 clarifies requirements to settle a malpractice claim with a current or former client, and keeps a complete bar from prospectively limiting malpractice claims intact should the new rule be adopted by the Supreme Court, which is expected to take place in 2018.
Rule 3-400 is the current rule that applies to limiting liability with clients. Rule 1.8.8...
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