What is the most minimum to create the relationship. For example, I asked a lawyer friend something and he gave a little tid-bit but them stopped and gave a long speech. I am not your lawyer. We don't have an attorney-client relationship. etc.
Does offering an legal opinion to someone like this forum create that relationship or is it something more like and agreement.
Thank you for any clarification.
Gina Louise GilstrapFamily Law AttorneyHouston, TX ·
Your friend explicitly stated that there was no attorney client relationship, so there is not. In his type of forum there are disclaimers stating there is no attorney client relationship so there is not. I would argue that most of the time there is no attorney-client relationship until there is a contract and money has changed hands. However, there are always exceptions...
Unfortunately, many times when an attorney wants to help a friend out with a few quick answers they are taken advantage of and blamed when things go wrong. If the attorney refuses to help them by answering questions for free then they are considered rude and greedy.
This puts attorneys in a difficult position. It is like asking a doctor to perform surgery on you for free and suing them if they mess up.
Seriously?
A friend gives you advice and you then do this? I am sorry but lawyers are obviously treated worse then a used car salesmen here. Go hire a layer and pay for advice if you want it. Talk is cheap until you hire a lawyer. You need a contract. Good Luck!
Simple question to ask, not a simple answer. The first point is to understand what the attorney client relationship gets you. For the most part, it only triggers confidentiality. Without a contract or understanding that services are to be provided the attorney is not obligated to be your attorney (slavery is outlawed). Depending on what was discussed, the attorney may also be limited in taking a case against you. Lastly, the attorney may incur some liability for the advice given (but that depends on context). On the flip side, if the A-C relationship was created, it gives the attorney the right to bill you for the time (so, perhaps think twice about whether you want there to be an A-C relationship).
Whether the A-C relationship is created depends on the specific circumstances of the interaction. For example, on , it is impossible to have A-C because (1) the asker is anonymous (A-C is a 2 way street, the attorney needs to know to whom they speak), (2) it is a public forum so there is zero expectation of confidentiality, and (3) the A-C is specifically disclaimed as part of the terms of service.
So, the real answer to your question is, it depends. There is no single factor or minimum to create the relationship.
It is wise for a lawyer to make clear that he or she is not creating a lawyer-client relationship by giving off the cuff advice to a friend. If the friend relies upon that legal advice and is unhappy with the outcome, the friend may claim that he understood he was a client and that the lawyer committed malpractice. Lawyers should be careful to avoid inadvertently creating lawyer-client relationships because their advice to clients must of course be competent and appropriate to the circumstances. Often in a brief exchange, it is not possible for the lawyer to obtain the background information necessary to provide thoughtful nd accurate legal advice tailored to the situation.
