12-4 Other Protection Methods
| Jurisdiction | United States |
12-4 Other Protection Methods
Other than purchasing legal malpractice insurance, few means exist for lawyers to protect themselves from the consequences of their mistakes.
Florida lawyers are permitted to organize their practices as either limited liability companies or professional service corporations. Although utilizing one of these structures will not insulate a lawyer from liability for his or her own errors,35 it may allow the lawyer to escape liability for the malpractice of others.36
A lawyer also can ask a client to agree to waive future malpractice claims. As a practical matter, a client is unlikely to agree. Even if the client is willing to consider the idea, the ethics rules impose specific conditions that are not easily met: "A lawyer is prohibited from making an agreement...
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