Both Express and Implied Attorney Client Relationships Can Lead to Malpractice Claims

By Thomas Greer | August 5, 2014

Some potential legal malpractice plaintiffs may feel as though they have no right to file a claim against an attorney if the relationship through which they obtained legal advice from the attorney was informal. While formalizing an attorney-client relationship through a retainer agreement and engagement letter certainly “seals the deal” in establishing an attorney-client relationship, such a relationship may also be found in certain situations where the relationship has not been formalized.

In the typical attorney-client relationship, a potential client contacts a law office with a specific legal question. They may speak with an attorney over the telephone or in person, and at the close of the conversation the attorney lets the potential client know whether or not they can help them, how much it would cost for the potential client to retain the attorney, and what next steps, usually signing a contract and paying a retainer fee, the potential client must take in order for the attorney to undertake representation of them. Once those next steps have been taken, for example, the potential client has signed a contract and paid a retainer fee, and the attorney has sent the client an engagement letter, the relationship can be deemed an express attorney-client relationship.

There are many conversations between attorneys and non-attorneys that occur outside of a law office setting. From email exchanges with a friend of a friend regarding her daughter’s traffic ticket to cocktail party conversations that inevitably end up with someone asking the attorney “what should I do” after describing some type of scenario, attorneys often provide what is often referred to as “friendly advice” to people who are, indeed their friends, and even some who are merely acquaintances. These types of contact may, in some cases, be recognized as attorney-client relationships that are implied, or created through the actions of the parties.

Just as attorneys can commit malpractice in dealing with clients with whom they have an express lawyer-client relationship, they can commit malpractice when they are dealing with people with whom an attorney-client relationship may have been formed impliedly. For example, even the most informal legal advice could prove problematic if it is given to a party who has an interest that is adverse to one of the attorney’s existing clients. When an attorney gives advice to a friend or a casual acquaintance, they may tend to give very basic advice or advice which is overly simplistic based upon the nature of the person’s problem. This type of advice can cause problems because the person who receives the advice may not know or understand that there is more to the situation than the advice that they have been given. There is a danger that they may act on the advice without considering whether it applies to their particular situation.

If you think that you might be a victim of legal malpractice, it is important to speak to an attorney right away, even if you are unsure of whether you had an attorney-client relationship with the lawyer whose conduct has caused problems for you. The experienced Tennessee Legal Malpractice Attorneys at Bailey & Greer, PLLC are here to help you. To learn more, call 901-680-9777 to schedule a time to discuss your case.  At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

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