Also known as: attorney client relationship · attorney-client relationships · lawyer-client relationship
Written by attorneys · grounded in primary & secondary sources — see below
The formal legal representation of a person by a lawyer. The relationship forms when a person seeks legal advice or services from an attorney and the attorney agrees to provide them or knows that the person is reasonably relying on the lawyer to do so.
Anita Ali consulted her lawyer about a tax matter and disclosed details of her transactions in confidence. Anita died before any charges were filed. Years later the government subpoenaed the lawyer's files to prosecute alleged co-conspirators. The lawyer refused production. The court sustained the refusal because the communications remained protected even though the representation had ended with Anita's death.
Ariana Azizi met with a lawyer for an initial consultation about a potential claim. The lawyer evaluated the facts and advised her on next steps but took no further action. The statute of limitations expired without warning. Ariana sued the lawyer for malpractice. The court held that an attorney-client relationship and accompanying duty of care had formed during the consultation even without a formal retainer.
Select any source to read its text and confirm it supports the definition.
No. The relationship may terminate, but the privilege that attaches to communications made during the relationship survives the client's death indefinitely. This rule encourages clients to speak fully and frankly with counsel without fear that their statements will later be exposed.
Yes. The relationship arises when a person seeks legal advice and the lawyer provides it or knows the person is reasonably relying on the lawyer to provide it. Courts have found the relationship and attendant duties created during an initial consultation even absent any formal fee agreement.
The lawyer owes the client duties of care, loyalty, and confidentiality. A lawyer who undertakes to evaluate a claim during an initial consultation and then fails to follow up or warn about the statute of limitations can be liable for malpractice for breaching the duty of care that attached with the relationship.
…Appellant could not assert a claim for legal malpractice because South Carolina law recognizes no duty in the absence of an attorney-client relationship. In addition, the court stated no South Carolina court had ever recognized a breach of contract action by an intended beneficiary of estate planning documents, stating: "To the contrary,…