Recent Blog Posts
Can I Sue An Attorney Who Gave Me A Consultation?
WHAT IS A LEGAL CONSULTATION? Many lawyers offer consultations, (often free of charge) at which a potential client can ask questions about a potential case or claim. Sometimes, the lawyer will offer suggestions, or discuss the potential claims or legal actions available to the potential client. Consultations also give the lawyer an opportunity to consider whether… Read More »
Can A Lawyer Help Me Break the Law?
NO. Lawyers have an ethical obligation to represent a client zealously, and to provide legal advice to clients on a variety of matters, including the client’s ability to engage (or not to engage) in certain kinds of actions and behaviors. However, lawyers are not allowed to “help” a client break the law. Let’s take… Read More »
When and How Does the Attorney-Client Relationship End?
An attorney-client relationship lasts until (a) terminated by the client, the attorney, or both, or (b) the purpose of the representation has been fulfilled (or cannot be fulfilled, as a matter of law). Lawyers have a legal obligation to complete the matters for which a client hired them, unless the attorney-client relationship is terminated… Read More »
Does My Lawyer Represent Me For All Purposes?
WHAT IS THE “SCOPE” OF THE ATTORNEY-CLIENT RELATIONSHIP? The “scope of representation” is a term that refers to the matter or matters for which a lawyer represents a client. The “scope of representation” is established: At the time the client hires/retains the lawyer At a later time, if the attorney and client agree to… Read More »
When You Hire a Lawyer, You Hire the Firm
WHO IS MY LAWYER? When a client retains (hires) a lawyer, the attorney-client relationship covers not only that lawyer, but every member of that lawyer’s firm. This means every lawyer at a firm has a separate ethical duty to protect the client’s interests. In fact, the ethics code requires every lawyer in a firm… Read More »
When and How is a Lawyer the Client’s “Agent”?
THE ATTORNEY-CLIENT RELATIONSHIP IS AN AGENCY RELATIONSHIP The attorney-client relationship is an agency relationship, which means that the relationship is governed by agency law. Agency is a branch of law that governs relationships that arise when one person (known as the principal) hires another person (the agent) to act on the principal’s behalf. By law, an agent has the… Read More »
Is My Lawyer My Employee?
WHAT IS THE LEGAL RELATIONSHIP BETWEEN A LAWYER AND A CLIENT? The attorney-client relationship is a contractual, fiduciary relationship, but the lawyer is not the client’s “employee.” Instead, the lawyer generally is an independent contractor who provides services to the client on the basis of either an express or (rarely) implied contract. Although a lawyer agrees… Read More »
How to Create an Attorney-Client Relationship
WHY IS IT IMPORTANT TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP? Many important rights and privileges are created by the formation of an attorney-client relationship–rights and privileges that do not exist otherwise. For example, attorney-client privilege does not exist unless an attorney-client relationship exists. In addition, a lawyer’s authority to represent a client in court, in negotiations,… Read More »
Is an Attorney-Client Relationship a Fiduciary Relationship?
WHAT IS AN ATTORNEY-CLIENT RELATIONSHIP? An attorney-client relationship is the term for the official legal relationship between a lawyer and a client. It is a relationship of trust, and has special, legally-recognized characteristics. For example, attorney-client privilege arises only where an attorney-client relationship exists. The attorney-client relationship also creates legal rights and obligations for the lawyer –… Read More »
The Importance of Causation in Legal Malpractice
CAUSATION IS ONE OF THE ELEMENTS OF A LEGAL MALPRACTICE CLAIM The elements of a prima facie claim for legal malpractice are: — the existence of a duty; — the breach of that duty; — damages (suffered by the claimant); and — causation (specifically, the breach of the relevant duty must be the cause of… Read More »
