How Can You Tell When an Attorney-Client Relationship Is Established?

While the key factors above outline when an attorney-client relationship might be established, it’s important to look at specific examples of how this can play out in practice. These examples highlight situations where the relationship is clearly formed, whether through written agreements or implied actions.

1. Clear Agreement: The client signs a retainer agreement outlining the attorney’s role and terms of representation.
2. Implied Relationship: A lawyer provides detailed advice in response to a client’s specific legal questions during a meeting or call. **

Although the formation of an attorney-client relationship may seem straightforward, there are several situations that often lead to confusion. It’s important to distinguish between informal interactions and those that truly establish the relationship. Below are some common misunderstandings about when an attorney-client relationship is or isn’t created.

1. Casual Conversations: Discussing legal issues at a social event doesn’t typically establish a relationship unless advice is explicitly given.
2. General Information: Sharing general legal information, such as in a seminar, doesn’t create an attorney-client relationship.
3. Preliminary Discussions: Initial discussions without an agreement to proceed may not formalize the relationship.

Both attorneys and clients benefit from clearly defining the relationship to avoid misunderstandings. Attorneys should communicate their intentions explicitly, and clients should ensure they understand whether the lawyer has agreed to represent them.

Resources for Understanding Attorney-Client Relationships

• State Bar Association: Learn more about attorney-client relationships and professional conduct guidelines in your state.
• Disciplinary Boards: Review ethical standards and file a complaint if you suspect misconduct or misrepresentation.

If you’re unsure whether you’ve entered into an attorney-client relationship, consult the lawyer directly to clarify.

* While Schiffman Firm, LLC provides confidential attorney consultations during which all information discussed with the potential client is confidential, it does not represent a potential client and will not take any action on a potential client’s behalf unless: (1) Schiffman Firm, LLC elects to send a representation agreement; (2) the potential client(s) sign and return the agreement by mail; and (3) Schiffman Firm, LLC acknowledges in writing that it has received the executed representation agreement. Schiffman Firm, LLC does not enter into implied attorney-client relationships under any circumstances.

** Schiffman Firm, LLC does not enter into implied attorney-client relationships under any circumstances.