Two weeks ago, the new California State Bar-appointed rules commission held its first meeting. The commission is starting from scratch with a new charge from the state Supreme Court, as many interested parties look on with curiosity to see what will happen next.
But the behavior of many lawyers is not always governed by the ethics rules. Take the case of so-called “advance waivers.” Despite the rules, which clearly prohibit almost all such waivers, clients—particularly big, institutional clients—are routinely being asked by law firms, principally larger firms, to agree to broad, open-ended advance waivers.
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