20020055 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20020055

Rules: 4–1.2; 4–1.18

Client-Lawyer Relationship

Scope of Representation; Duties to Prospective Client

Subject: Prospective Client (see also Conflict of Interest - Prospective Client); Scope of Representation

Summary: formation of lawyer attorney relationship

Reference Note: Rule 4 dash–1.2, Scope of Representation, was amended effective July 1, 2008. Rule 4 dash–1.18, Duties to Prospective Client, was adopted effective July 1, 2007. Scope [17] provides that principles of substantive law external to the Rules of Professional Conduct determine whether a client-lawyer relationship exists. The current version of these rules and Scope provision should be consulted to supplement this opinion’s Answer.

QUESTION: Attorney provides free legal service at a local charitable organization. Attorney gives free legal advice to potential clients, but no employment contract or engagement letter is executed. The potential client does not pay a fee or otherwise employ Attorney. When does Attorney undertake representation of the potential clients? Does representation begin when Attorney gives free legal advice even though Attorney is never actually hired by the potential client?

ANSWER: Generally, Attorney’s representation begins when Attorney starts obtaining information needed to provide advocacy, advice, or other legal services. However, it could also begin at some other point, depending on the specific circumstances. Formation of the attorney-client relationship, for many ethical purposes, does not depend on actual express hiring by the client. The relationship is the same regardless of whether the attorney is paid. This is a very general answer and creation of the attorney-client relationship depends on the circumstances of each situation.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

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