When has an attorney-client relationship been formed?

An attorney-client relationship is primarily established when the client reasonably believes it has been formed. This reflects the principle that the perception of the client is a key factor in determining whether an attorney-client relationship exists. When a client engages in communication with an attorney and trusts that their discussions are confidential and represent the commencement of legal representation, an attorney-client relationship can arise, even if there isn’t a formal written agreement or payment involved at that moment.

This understanding of the relationship aligns with the ethical obligation attorneys have to ensure clients understand when their communications are protected by confidentiality, thereby fostering trust. It is also important to note that this does not rely solely on formalities such as retainers or signed contracts, which can create clear and mutually acknowledged representation but are not strictly necessary for the existence of the relationship. An initial consultation may provide the backdrop for establishing such a relationship, but it is the client’s reasonable belief, based on the interactions and context, that solidifies this connection.