Wednesday, March 18, 2009
The Tennessee Board of Professional Responsibility censured an attorney who had accepted an accident case on referral from an accident resolution company. The referral violated Tennessee RPC 7.6 (b) (referrals from imtermediary organizations). Further, the attorney's written retainer agreement contained this provision: " Client understands and agrees that Client may be dissatisfied with said outcome or result and that client may be in a worse or poorer legal position at the termination of this representation as a result of the attorney's efforts." This provision was deemed to violate the prohibition against prospective limitation of the attorney's malpractice liability.
Do marriage vows purport to prospectively limit liability? (Mike Frisch)