The Contours of Attorney-Client Contracts
In the United States, businesses and individuals are largely free to enter into contracts as long as they do not violate any laws or public policy.
October 04, 2017 at 12:16 PM
6 minute read
In the United States, businesses and individuals are largely free to enter into contracts as long as they do not violate any laws or public policy. The attorney-client relationship, however, is unique and typically involves different rights and obligations than those of an average business or nonattorney individual.
Because the attorney-client relationship involves certain duties and obligations on the part of attorneys, there are limitations to what attorneys can include in client agreements. For example, provisions that violate an attorney's ethical obligations are likely unenforceable. Such provisions also could constitute violations of bar rules, resulting in attorney discipline.
The consequences of violating the bar rules can be severe. It is therefore important to carefully review fee agreements and engagement/retainer letters to ensure that they comport with the rules and regulations governing attorney conduct. Below are a few of the limits on attorney relationships that may create problems in connection with standard fee agreements or engagement/retainer letters.
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