I have an active criminal defense practice and have a very good plea agreement for my client, but he has to waive any rights to appeal and any rights to claim my ineffectiveness. Can I allow that to happen?
The question is an interesting one. The pertinent rule, which has been discussed recently in an earlier article, is Pennsylvania Rule of Professional Conduct 1.8(h). That precludes a lawyer from making an agreement limiting the lawyer’s liability to the client for malpractice unless the client is independently represented in making the agreement. The rule also precludes settling a claim for liability with a client in a legal malpractice case without giving the client written notice that they should seek independent counsel.
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