Attorneys who draft contracts or litigate contract disputes know that, with some exceptions, private parties generally have the freedom to agree to broad terms as they see fit as part of their business relationships. The same is not true for lawyers when entering into an attorney-client relationship. The bar rules place limits on a number of contractual terms that, even if agreed to by the client, are nonetheless impermissible red lines when it comes to an attorney’s ethical obligations.
These terms relate to core issues in the representation, including who the attorney can represent, the applicable fee, and the remedies for a breach of the agreement. Not only can the use of impermissible terms render an agreement unenforceable, but in some circumstances they can lead to attorney discipline. For that reason, it is important to keep the bar rules in mind when negotiating engagement agreements with clients. Below are some key limitations to consider.
Conflicts
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