In Re Blackwelder
Supreme Court of Indiana
615 N.E. 2d 106 (1993)
After attorney Charles Blackwelder (defendant) missed an appeal filing deadline for clients Randall and Dianna Gosnell, he asked them to sign a release of malpractice claims against him in exchange for reimbursing their appeal expenses and filing a bankruptcy petition for them; the release itself stated the Gosnells had consulted independent counsel. The Gosnells later filed a disciplinary grievance and a malpractice suit, testifying Blackwelder never actually advised them to seek independent counsel before signing. Blackwelder testified he had, and that the Gosnells spoke with attorney Henry Price, but Price testified he only discussed a potential malpractice claim, not the release or bankruptcy petition, with them.
Whether, under state rules of professional conduct, a lawyer must advise a client in writing, before settling a liability claim with an unrepresented or former client, to seek independent counsel.