Final answer:
An attorney may not make an agreement prospectively limiting liability for malpractice unless certain conditions are met, such as the client being represented by independent counsel and the agreement being fair and reasonable.
Step-by-step explanation:
An attorney may not make an agreement prospectively limiting the attorney's liability to a client for malpractice unless certain conditions are met. The rules regarding attorney liability vary by jurisdiction, but generally, an attorney may not limit their liability to a client for malpractice unless the client is represented by independent counsel and the agreement is fair and reasonable.
For example, in the United States, the American Bar Association Model Rules of Professional Conduct state that an attorney may not make an agreement prospectively limiting liability unless the client is advised in writing of the desirability of obtaining independent legal advice and is given a reasonable opportunity to do so. This ensures that the client fully understands the potential consequences of the agreement.
By allowing clients to seek independent counsel, the courts aim to protect the client's interests and prevent attorneys from taking advantage of their position of power. It helps to ensure that the attorney provides competent and diligent representation to the client.