When can a lawyer limit their liability for malpractice?

In the context of limiting liability for malpractice, the most appropriate choice is when a lawyer obtains informed consent from all clients involved. According to the ABA Model Rules of Professional Conduct, particularly Rule 1.8(h), a lawyer may limit their liability for malpractice if they provide full disclosure and obtain the informed consent of the client to the limitation.

This means the client is made fully aware of the implications and risks associated with waiving the right to sue for malpractice and voluntarily agrees to it. Such informed consent must be given after the lawyer provides the necessary information and the client has the capacity to understand the nature of the consent.

The other choices do not align with the ethical requirements set by the ABA Model Rules. While including clauses in all client contracts may seem straightforward, limitations on liability must typically be accompanied by informed consent to be enforceable. Settling with an unrepresented client without providing the appropriate advice could lead to ethical issues, as such a client may not fully understand the implications of the settlement. Finally, while obtaining malpractice insurance is crucial for risk management, this practice does not directly limit liability; rather, it provides financial protection in the event of a claim.