Can a lawyer agree to limit their malpractice liability according to California law?

According to California law, particularly under the rules of professional conduct, a lawyer is restricted from prospectively limiting their liability for malpractice. The rationale behind this prohibition is rooted in the protection of clients. Lawyers have a fiduciary relationship with their clients, and the law aims to ensure that clients are afforded the right to seek full redress for any potential malpractice. Allowing lawyers to limit their liability could undermine that right and potentially lead to a conflict of interest, as it may incentivize attorneys to compromise the quality of their representation.

This means that any agreement a lawyer might wish to make with a client regarding limiting liability would not be enforceable if it is made in advance of any claim arising, as it suggests a departure from the standard of care expected in the attorney-client relationship. Additionally, even if a client expresses consent, it does not negate the overarching provisions that protect clients from attorneys attempting to evade accountability for negligent conduct.

Thus, the correct answer aligns with the understanding of California's legal framework, which reinforces a client's right to pursue a claim for negligence in full, without any preemptive restrictions or waivers that could limit their ability to recover damages.