Can a retainer agreement limit the attorney’s liability for legal malpractice?

It is unethical for an attorney’s retainer agreement to limit the attorney’s liability for legal malpractice.  Rule 1.8(h) of the Maryland Rules of Professional Conduct forbids an attorney from executing a retainer agreement that prospectively limits the lawyer’s liability to a client for malpractice, unless the client is independently represented in entering into the agreement.    For similar reasons, an arbitration clause contained in a retainer agreement is unenforceable, unless the client had obtained independent representation concerning the advisability of signing the retainer agreement.


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