Big news from the UK. Clifford Chance will be seeking to limit its liability to its clients. Here in the US, the Model Rules permit that under certain circumstances but to my knowledge it's not permitted in any state.
It's an idea that is long overdue. It should be a matter left to the negotiation of lawyers and their clients -- although the size and sophistication of the client should be an important factor in the enforceability.
John - I've advocated allowing prospective liability waivers in the pro bono context at 29 J. Leg. Prof. 1 (2004-05). Len Gross has written a nice piece advocating allowing such waivers across the board at 75 Ky. L.J. 793 (1986). The "mainstream" authorities such as Hazard and Hodes are virulently opposed.
Steve B.
Posted by: Steve Berenson | April 24, 2007 at 03:03 PM
Steve,
Yes, I read and enjoyed your piece. It might make for a nice comparison as to why I would permit corporate clients to sign them if they wished to, and why you would permit it in the pro bono context. I will check out the Len Gross piece as well.
Posted by: John Steele | April 24, 2007 at 04:40 PM