| LEO Num | Topics | Summary | Date |
1817
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| A criminal defense lawyer who has failed to properly perfect an appeal must (under the duty to communicate material facts) "notify the client of the dismissal of the appeal, the reasons for the dismissal and what rights or recourse the client has under those circumstances" (which "would include advising the client of the right to file a petition for a writ of habeas corpus alleging ineffective assistance of counsel; or a claim for legal malpractice based upon the lawyer's act or omission"). Although this situation obviously involves the lawyer's own interests (which might otherwise prevent the lawyer from proceeding on the client's behalf), new legislation requires the lawyer to assist the client in preparing and filing an affidavit explaining the lawyer's error. To the extent that this new statute requires a continuing representation (thus trumping the ethics rules), it overrules the holdings of Virginia LEO 1122 and 1558. | 8/17/2005 |
0966
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| A law firm hired to advise on a real estate matter must disclose to the client that the law firm mistakenly failed to obtain an extension of time to file a tax return, even though the law firm was not hired to file the return. | 9/30/1987 |
1550
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| A lawyer may not prospectively limit liability to a client, but may secure a release from the client for "specific completed acts" in exchange for consideration if the client consents after full disclosure, is "first advised to seek independent counsel as to whether to sign such an agreement" and if the transaction was not "unconscionable, unfair or inequitable when made."The Bar reaffirmed the ethical propriety of arbitration provisions in retainer agreements covering any malpractice claims as long as the client consents after full disclosure and "is advised to seek independent counsel in regard to the advisability of such a provision." | 10/20/1993 |
1487
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| A lawyer representing the executor of an estate sought a general release from the widow. The Bar needed more facts before determining whether an attorney-client relationship existed between the lawyer and the widow. If it did, a general release would be per se improper. Because the lawyer was acting as a fiduciary even if not as a lawyer, "such a general release is not a good practice and does not follow the spirit of the Disciplinary Rule." | 11/16/1992 |
0638
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| A retainer agreement may contain an arbitration provision covering malpractice claims as long as the client is fully informed of the provision's effect and is advised to seek independent legal advice. | 12/3/1984 |
1586
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| A retainer letter requiring arbitration of fee disputes does not amount to a per se violation of the Code as long as: there is "full and adequate disclosure as to all possible consequences" of the agreement; the client consents; and the arrangement is not "unconscionable, unfair, or inequitable when made." | 4/11/1994 |
1412
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| A solo practitioner's research and preparation of briefs and other pleadings constitutes the practice of law, which prevents the lawyer from limiting the lawyer's professional liability (regardless of the lawyer's attempt to contractually define the services as not amounting to legal services). | 6/12/1991 |
1707
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| Although a "lawyer's fiduciary duties extend to preliminary consultation by a prospective client with a view to engagement," it is not per se improper for a client engagement agreement to provide for binding arbitration of legal malpractice claims as long as there is adequate disclosure and consent. Like fee agreements, such initially-acceptable engagement agreement provisions might become improper given the "occurrence of unusual and extraordinary facts and circumstances not contemplated at the outset of the representation." The Bar declines to require any specific disclosures or insist that the client actually consult another lawyer before entering into such an agreement (in LEO 638, the Bar seemed to require that the client must be advised to seek independent counsel regarding an arbitration provision). Appropriate disclosures might include "waiver of trial by jury or by the court, discovery, evidentiary rules, arbitrator selection, scope of award, expense, appellate rights, finality of award, enforcement of award." | 1/12/1998 |
0877
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| An in-house lawyer may not obtain an indemnification agreement. [Rule 1.8(h) permits such indemnity agreements if the corporation is separately represented.] | 4/1/1987 |
1364
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| Corporate counsel may not accept an indemnity commitment from their employer. [Rule 1.8(h) now permits such indemnity agreements if the corporation is separately represented.] | 6/28/1990 |
0195
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| If clients request it, lawyers may purchase at their own expense a fidelity bond covering their activities. | 7/30/1968 |
1211
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| In-house lawyers do have attorney-client relationship with employer, and therefore may not ask for an indemnity agreement. [This LEO was overruled by Rule 1.8(h), which permits such indemnity agreements if the corporation is separately represented.] | 4/19/1989 |
ABA-425
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| Lawyers and clients may agree to arbitrate fee and malpractice disputes, but: the client would have to be independently represented if the agreement limits the lawyer's possible liability (for instance, by precluding punitive damages that would be available in a lawsuit); the lawyer must explain "the possible adverse consequences as well as the benefits" of such an arrangement, such as the client's waiver of jury trial, broad discovery and appellate rights, the details of arbitration process and the possibility that the client may have to pay fees and costs of arbitration. | 2/20/2002 |
ABA-401
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| Lawyers may practice in limited liability partnerships if they meet legal requirements, accurately describe the entity in communication and assure that "the lawyer rendering the legal services to the client must be personally responsible to the client." | 8/2/1996 |