Also known as: lawyer client relationship · lawyer-client relationships · attorney-client relationship
Written by attorneys · grounded in primary & secondary sources — see below
An association between a lawyer and a client that arises when the lawyer provides legal advice during an initial consultation upon which the prospective client reasonably relies, even without a formal retainer. The association imposes duties of competence, diligence, loyalty, and confidentiality on the lawyer. The association continues until properly terminated and supports protections such as the attorney-client privilege that persist after the client's death.
Liam Larson met privately with his lawyer and disclosed details of a larger scheme involving several associates. Liam died before trial. When the government later sought to compel the lawyer to testify about those disclosures in proceedings against the associates, the court refused. The lawyer-client relationship that had formed during the confidential consultation continued to shield the statements even after Liam's death.
Laura Lewis met with a lawyer for an initial consultation about a potential claim. The lawyer evaluated the facts, gave advice on next steps, and agreed to investigate further but never followed up. The statute of limitations expired without any warning to Laura. The lawyer-client relationship had formed during the consultation, exposing the lawyer to malpractice liability for failing to advise properly about the claim.
Select any source to read its text and confirm it supports the definition.
A lawyer-client relationship forms when a lawyer gives legal advice during an initial consultation and the prospective client reasonably relies on it. Duties such as the duty of care attach even without a fee or written agreement. Failure to follow up on a claim after undertaking to evaluate it can result in malpractice liability.
Supporting sources
The attorney-client privilege survives the client's death and continues to protect confidential communications made during the lawyer-client relationship. The privilege persists indefinitely after termination of the relationship, including by death. This rule encourages clients to communicate fully and frankly with counsel.
Supporting sources