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OFFICE OF DISCIPLINARY COUNSEL v. CLAVNER

No. 96-1995.

77 Ohio St.3d 431 (1997)

OFFICE OF DISCIPLINARY COUNSEL v. CLAVNER.

Supreme Court of Ohio.

Decided February 19, 1997.

Attorney(s) appearing for the Case

Geoffrey Stern, Disciplinary Counsel, and Alvin E. Mathews, Assistant Disciplinary Counsel, for relator.

Mary L. Cibella, for respondent.

Per Curiam.

DR 6-102(A) provides that "[a] lawyer shall not attempt to exonerate himself from or limit his liability to his client for his personal malpractice." We do not read this rule so as to prohibit an attorney from ever raising a defense against or attempting to settle a malpractice action. However, this rule places an attorney on notice that when a client has a potential cause of action for malpractice, the attorney and the client are adversaries. Because...

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