Cal. Rules of Prof. Conduct, rule 1.8.8 · Chapter 1. Lawyer-Client Relationship
Limiting Liability to Client
Text — 2026 edition, as the State Bar of California publishes it (read October 22, 2026)
A lawyer shall not:
(a) Contract with a client prospectively limiting the lawyer’s liability to the client for the lawyer’s professional malpractice; or
(b) Settle a claim or potential claim for the lawyer’s liability to a client or former client for the lawyer’s professional malpractice, unless the client or former client is either:
(1) represented by an independent lawyer concerning the settlement; or
(2) advised in writing* by the lawyer to seek the advice of an independent lawyer of the client’s choice regarding the settlement and given a reasonable* opportunity to seek that advice.
Notes and commentary — not rule text
Comment
[1] Paragraph (b) does not absolve the lawyer of the obligation to comply with other law. (See, e.g., Bus. & Prof. Code, § 6090.5.)
[2] This rule does not apply to customary qualifications and limitations in legal opinions and memoranda, nor does it prevent a lawyer from reasonably* limiting the scope of the lawyer’s representation. (See rule 1.2(b).)
Source of truth
- Edition
- 2026 edition, as the State Bar of California publishes it (read October 22, 2026)
- Official file
- https://www.calbar.ca.gov/sites/default/files/portals/0/documents/rules/Rules-of-Professional-Conduct.pdf (PDF pages 29)
- Text hash
- sha256 7262df465b807fa0620aad7c0b48c031f75afb4d7fce32567dfb0eeeaccc025d
- Composed by
- rpc/build 2026-10-22: the State Bar's 2026 PDF (pages 12-71) read by two readers, PyMuPDF glyph positions and pdfminer with the PDF's tagged structure, agreeing on 834 of 843 paragraphs character for character, the other nine (paragraph boundaries only) resolved against the rendered page; 205,485 printed glyphs accounted for; the State Bar's chapter pages a third reading
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Business and Professions Code
California Rules of Professional Conduct
Cited by 1 provision
Provisions in this library whose text cites Cal. Rules of Prof. Conduct, rule 1.8.8. Each shows the citation as that text prints it.
California Rules of Professional Conduct
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.