In California, how can a lawyer limit their malpractice liability with a client?

Hypo 1: Bob, a contract lawyer, realizes he made a significant error in drafting Amy's business agreement that could cost her millions. He immediately drafts an agreement offering to waive his fees if Amy agrees not to sue him for malpractice. Result: Bob's actions violate California's rules. He is not allowed to limit his malpractice liability under any circumstances, even by offering to waive his fees. Instead, Bob must promptly disclose to Amy the error he made and the potential malpractice claim it could give rise to.

Hypo 2: Bob includes a clause in his standard retainer agreement stating that Amy agrees to limit any future malpractice claims to the amount of fees she has paid. Amy signs the agreement without question. Result: This clause is unenforceable and violates California's rules. Lawyers cannot limit their malpractice liability in California, whether for past or future actions. Bob could face disciplinary action for attempting to circumvent his professional responsibilities in this manner.

Hypo 3: Bob misses a critical filing deadline in Amy's case. Realizing his mistake, he promptly calls Amy, explains the error, and informs her that this missed deadline could be grounds for a malpractice claim against him. He advises her to seek independent legal counsel to assess her options. Result: Bob has correctly followed California's rules. He promptly disclosed the facts giving rise to a potential malpractice claim and did not attempt to limit his liability. His suggestion that Amy seek independent counsel is appropriate given the circumstances.

Hypo 4: After winning a large settlement for Amy, Bob realizes he may have overlooked a potential additional claim that could have increased the award. He decides not to tell Amy, reasoning that she's happy with the outcome and unaware of the potential additional recovery. Result: Bob is violating California's rules. Even though Amy is satisfied with the result, Bob has a duty to promptly disclose facts that could give rise to a malpractice claim. His failure to inform Amy of the overlooked claim is a breach of this duty.