1.6 Standard of Care Generally

• Library: Real Estate Transactions in Virginia (Virginia CLE) (2019 Ed.)

1.6 STANDARD OF CARE GENERALLY

1.601 Duties and Warranties. The lawyer's civil and ethical standards of care include fiduciary standards and legal-care standards. Some are implied by law upon creation of an express or implied ⁵³ attorney-client relationship, some are implied by conduct, and some are established by express agreement. Although Rule 1.8(h) prohibits lawyers from limiting their liability to their clients for malpractice, Rule 1.2(b) and existing case law clearly permit express agreements excluding or modifying particular, otherwise-implied duties or warranties. ⁵⁴

1.602 What "Everybody's Doing." The standard of care measures what an ethical and competent lawyer ought to do, not what the average lawyer actually does. ⁵⁵ Evidence that many or most other lawyers

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are violating the standard is not a defense in disciplinary or civil proceedings. ⁵⁶ All attorneys are responsible for knowing the disciplinary rules.

1.603 Statutes of Limitations for Malpractice and Disciplinary Complaints. There is no statute of limitations for disciplinary proceedings. ⁵⁷ Generally, the...