Was Attorney Azur’s conduct proper?
A. Yes, if Attorney Azur advised Buzz in writing that Buzz should seek independent legal representation before deciding to enter into the settlement agreement.
B. Yes, because Attorney Azur reasonably believed that the proposed settlement was fair to Buzz.
C. No, because Attorney Azur settled a case involving liability for malpractice while the matter was still ongoing.
D. No, unless Buzz was separately represented in negotiating and finalizing the settlement agreement.
Answer:A
Was Attorney Azur’s conduct proper?
A. Yes, if Attorney Azur advised Buzz in writing that Buzz should seek independent legal representation before deciding to enter into the settlement agreement. B. Yes, because Attorney Azur reasonably believed that the proposed settlement was fair to Buzz. C. No, because Attorney Azur settled a case involving liability for malpractice while the matter was still ongoing. D. No, unless Buzz was separately represented in negotiating and finalizing the settlement agreement.
Explanation: Under Rule 1.8(h)(2), a lawyer shall not settle a malpractice claim with an unrepresented client (or former client) unless that person is advised in writing to seek independent legal counsel and given the opportunity to seek counsel. “D” is incorrect because the rule does not require that the client actually obtain independent counsel.