The Former and Quiescent Client

• Publication year: 2004
• Pages: 79

33 Colo.Law. 79 Colorado Lawyer 2004.

2004, August, Pg. 79. The Former and Quiescent Client

Vol. 33, No. 8, Pg. 79

The Colorado Lawyer
August 2004
Vol. 33, No. 8 [Page 79]

Departments
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The Former and Quiescent Client
by Robert R. Keatinge, David Little

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

Robert R. Keatinge, Denver, is Of Counsel with Holland &amp Hart LLP, Denver, and practices with its Legal Profession Service Group - (303) 295-8000. David C. Little is a partner with Montgomery Little & McGrew - (303) 773-8100.

An attorney has duties to a client that begin at the time discussion of possible representation begins and continues beyond the completion of the representation. These duties may change at the conclusion of the relationship. Other articles have considered the engagement process and the need to clearly document the attorney-client relationship at the outset.1 In addition, some case law addresses whom the lawyer represents, a vitally important issue of ensuring that persons who are not clients are not misled into believing that they are being represented.2 This article considers the consequence of the conclusion of representation or the termination of the attorney-client relationship.

Termination Circumstances

There are three circumstances in which an attorney's representation of a client with respect to a particular matter may terminate: (1) termination by the client or, subject to limitations, the withdrawal of the attorney before the conclusion of the matter;3 (2) the conclusion of the matter; or (3) the relationship continues, but the attorney's work on a particular matter has terminated either before or at the conclusion of that matter. Just as it is important that the attorney and client understand the duties of the attorney at the commencement of the engagement, it is important to understand the character of the relationship, if any, after conclusion of the matter. The termination of the attorney-client relationship does not terminate all of the attorney's duties, but it significantly changes them.4 For instance, the attorney's duties change with respect to conflicts of interest5 and confidentiality.6 In addition to returning client property, the attorney must take other steps to avoid prejudice to the client by reason of the termination.

Every lawyer must decide whether to continue to have an ongoing attorney-client relationship with the client when concluding the matter. If the relationship continues, even though the matter has been concluded, the attorney will still have duties, which may include the duty to monitor changes in the law as they affect the transactions in which the attorney has been involved. If the attorney-client relationship continues, it is critical that the attorney and client understand and agree...