Defining the Attorney-Client Relationship

By Thomas Greer | February 24, 2014

Many legal malpractice cases require a plaintiff to be able to show that there was an attorney-client relationship between the defendant attorney and themselves. Some cases do extend an attorney’s liability to non-clients, and some cases expand upon the definition of the term “client” as it is commonly used, but the majority of legal malpractice cases involve a plaintiff who was formerly a client of the defendant attorney. It is therefore important that clients and potential clients understand the attorney-client relationship so that they can be aware of when it begins, what duties their attorney has towards them during the relationship, and when it ends.

At its most basic, the attorney-client relationship begins when the client has reason to believe that the attorney is representing the client’s legal interests. The payment of a retainer or the signing of a contract are events which make it obvious that an attorney-client relationship has been formed. The relationship may actually begin earlier than that, though, under more informal circumstances. For example, it may begin when an attorney makes a phone call on behalf of a friend, in order to use their status as an attorney to accomplish something for the person on whose behalf the call was placed. It could also begin during an initial consultation, if confidential information is revealed prior to the signing of a contract or payment of a retainer. Any conversation that an attorney has, whether they are at their office or in some other setting, has the potential to create an attorney-client relationship if legal advice is dispensed during the course of the conversation.

However the attorney-client relationship begins, once it has begun the attorney must fulfill certain responsibilities to the client. The duty of confidentiality, for example, is nearly absolute, excepting situations where the lawyer has reason to believe that imminent harm is being threatened. An attorney is also responsible for screening new clients to determine whether any actual or potential conflicts of interest exist which could interfere with their representation of a client that they currently represent. A third duty that a lawyer owes to their clients is that they must represent their clients in a reasonable prudent and responsible manner.

The end of an attorney-client relationship is just as important as the beginning and everything which happened in between. Some attorneys believe that if the client has not asked them to do any more work for them and they have paid for all of the work which was completed, then the relationship has run its natural course. Others are more formal, and send their clients a disengagement letter which thanks them for their business and states that the matter is officially concluded. It is important that attorneys take steps to ensure that their relationships with clients are concluded in a way that is understood by the client, because once the relationship ends, the client’s legal interests are no longer being protected by the attorney. Also, there are statutes of limitations for malpractice claims, so former clients must bring any malpractice action within the appropriate time or it will not be valid.

When you are represented by an attorney, you have reason to expect that your interests are being protected. If the attorney who represented you committed malpractice, you have experienced the disappointment that accompanies knowing that your interests were not being protected by someone whom you had entrusted to fight for them. The experienced Tennessee legal malpractice attorneys at Bailey & Greer, PLLC will evaluate your case, and help you determine the best way to proceed. Please call us at 901-680-9777 to schedule a time to discuss your case.  At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

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