Getting Hitched: Confirming the Attorney/client Engagement

• Publication year: 2003
• Pages: 37
• Citation: Vol. 32 No. 1 Pg. 37

32 Colo.Law. 37 Colorado Lawyer 2003.

2003, January, Pg. 37. Getting Hitched: Confirming the Attorney/Client Engagement

---

37

Vol. 32, No. 1, Pg. 37

The Colorado Lawyer
January 2003
Vol. 32, No. 1 [Page 37]

Departments
Whoops!
Getting Hitched: Confirming the Attorney/Client Engagement
by John M. Palmeri, Franz Hardy

John M. Palmeri is a shareholder and Franz Hardy is an associate with the firm of White and Steele, P.C. - (303) 296-2828. Palmeri is chair of the CBA Lawyers' Professional Liability Committee

This department, published quarterly, is sponsored by the Lawyers' Professional Liability Committee of the Colorado Bar Association to assist attorneys in preventing legal malpractice. The department welcomes submissions of articles and article topics. For more information, writing guidelines or to submit an article or topic suggestion, contact Reba Nance at the CBA: (303) 824-5320 or reban@cobar.org

In an earlier article for Whoops!, Cindy Fleischner drew the analogy between attorney/client relationships and romantic relationships.1 She noted similarities between developing legal business and the dating process. To carry the analogy forward, the attorney/client relationship should be confirmed. Lawyers and clients should not just "live together" or rely on a common-law marriage. They need to formalize the relationship with a wedding or commitment ceremony. This article explores some of the issues to be addressed in the formation of the attorney/ client relationship.

Definition of an Attorney/Client
Relationship

An attorney/client relationship is "established when it is shown that the client seeks and receives the advice of the lawyer on the legal consequences of the client's past or contemplated actions."2 The relationship is based on contract principles.3 The contract may be expressed in writing or may be implied from the conduct of the parties.4 In either case, the parties must agree on all essential terms of the relationship, as evidenced by the parties' manifestations of mutual assent.5

Interestingly, payment of legal fees may or may not bear on the issue.6 The mere payment by another of legal fees does not necessarily create an attorney/client relationship with that person.7 Courts are divided whether the contractual requirements are measured by an objective or subjective standard.8 Typically, the existence of an attorney/client relationship is a question for the fact-finder.9 If the undisputed facts dispel this notion, however, a court may address the issue as a matter of law.10

...