Most businesses and individuals enjoy a broad right to contract by which they are free to enter into contracts often subject only to the limitation that the contracts do not violate any existing laws or public policy.

Attorney-client agreements, however, are typically subject to a stricter review. Because the attorney-client relationship is unique and involves different duties, rights and obligations than those of an average business or nonlawyer individual, there are limitations on what attorneys can include in their agreements with clients. Indeed, even if a client agrees wholeheartedly, there are certain terms that are viewed as being in conflict with an attorney’s ethical obligations, and therefore unenforceable no matter what. Such terms could even expose the attorney to a bar grievance or discipline.

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