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.
