An important right held by Americans is the freedom to contract. In accordance with that right, businesses and individuals in the United States are free to enter into contracts subject to a specific limitation: valid contracts do not violate any laws or public policy.
The attorney-client relationship, however, is unique and involves different rights and obligations than those of an average business or non-attorney individual. Because the attorney-client relationship involves distinct duties and obligations on the part of attorneys, there are limitations in what attorneys can include in their agreements with their clients. Provisions that violate an attorney’s ethical obligations are unenforceable, but also could constitute violations of bar rules resulting in attorney discipline.
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