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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

University of San Francisco School of Law

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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

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Special Coverage

PROPOSED RULES OF PROFESSIONAL CONDUCT

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 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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