Answer

Dear XXXXXXXX:
The answer depends upon the state. However, most state bar associations have ethical rules which prohibit an attorney from obtaining an agreement from a client prior to representation limiting malpractice liablity. John should not be representing the business in this case due to the conflict of interest for his financial interest as an owner and his ethical duty as a lawyer. They should hire an outside, disinterested attorney to represent the business. Also, most businesses have premises liablity coverage and thus it should be reported to the insurance company who would provide an attorney to defend under policy coverage.

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