I made a mistake in a case and missed a deadline. I wish to resolve the matter in a fair fashion with the client. The case is worth about $8,000 and I am would like to meet with the client and offer the client $8,000 to resolve he matter and sign a release so I am released from liability. Can I do this?

There is a problem with having the client sign a release and paying the client what you consider a fair resolution. This would clearly violate several Rules of Professional Conduct. Rule of Professional Conduct, Rule 1.8(h) precludes a lawyer from making an agreement limiting a lawyer’s liability to a client for malpractice unless the client is advised in writing to seek the advice of independent counsel. The client could waive seeking independent counsel, but must waive in writing. The lawyer can do the release with the client, but only if the lawyer has advised that person in writing of the desirability of seeking independent counsel and that person is given a reasonable opportunity to see the advice of independent counsel.