Answer: A - The contract a violation of the Model Rules because the client must waive all professional negligence claims against attorney. “A lawyer shall not . . . make an agreement . . . limiting the lawyer’s liability to a client for malpractice unless the client is independently represented in making the agreement.” Model Rule 1.8(h)(1).
Answer A is the best choice because the waiver in the contract is a limitation on the attorney’s liability to the client. Answer B is not the best choice because waivers are not absolutely prohibited. Answer C is not the best choice because no presumption is made regarding whether clients read representation contracts.
