Thus, an attorney-client relationship could exist, triggering all of the duties and obligations that go along with it, even though the lawyer never signed a contingent fee agreement, never gave the person anything whatsoever in writing, and never thought he or she was starting an attorney-client relationship.
Address this issue in your initial letter to the client.
At this stage, it is important that you obtain all of the necessary facts before you express any opinion about the merits of the putative client’s case.
Unfortunately, there are no clear answers to these questions.
There are, however, some basic legal concepts to be familiar with so you can try and steer clear of some of the obvious traps. The Implied Attorney-Client Relationship The signing of a fee agreement is not the only way that an attorney-client relationship can begin. This third element can “be established by proof of detrimental reliance, when the person seeking legal services reasonably relies on the attorney to provide them, and the attorney, )(emphasis in original).
I have had quite a few clients ask my advice recently about "dating after divorce".
Of course, I refer them to Dating After Divorce right here on the Huffington Post. After all, divorce attorneys experience almost all of the turbulence of the divorce process that the parties do (i.e. The emotional toll that divorce litigation takes on the parties is virtually unparalleled in the world of relationships.
It is not difficult in many cases for the putative client to satisfy all three conditions for an implied attorney-client relationship.
In the hypothetical scenario posited at the beginning of this article, the putative client is seeking advice or assistance from the attorney, the advice pertains to matters within the lawyer’s professional competence, and the lawyer could have either expressly agreed to give advice or assistance, or implied that he would do so.
Rather, you need some time to investigate the claim and decide if you want to take the case.
Thus, you may wish to establish a limited relationship with the person while you are investigating the case, but not yet assuming the obligation to pursue the case in court.
INTRODUCTIONImagine this common scenario: a client comes to you after having an unfortunate and unsatisfactory result in a medical procedure. Your first impressions are that the claim against the medical professional has a great deal of merit, but you clearly need to review the medical records yourself and have them reviewed by an expert before you decide to take the case.