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🦹intro to law and legal process review

Attorney-client relationship

Written by the Fiveable Content Team • Last updated September 2025
Written by the Fiveable Content Team • Last updated September 2025

Definition

The attorney-client relationship is a legal bond that forms when a client engages an attorney to provide legal representation and advice. This relationship is built on trust, confidentiality, and mutual respect, establishing an obligation for the attorney to act in the best interests of the client while maintaining the privacy of communications.

5 Must Know Facts For Your Next Test

  1. The attorney-client relationship is established when a prospective client seeks legal advice and the attorney agrees to provide representation, either verbally or in writing.
  2. Confidentiality is a crucial aspect of this relationship, ensuring that any information shared between the client and attorney cannot be disclosed without the client's permission.
  3. Attorneys have a fiduciary duty to act in their clients' best interests, which includes providing competent representation and avoiding conflicts of interest.
  4. This relationship can be terminated by either party at any time, but it is important for attorneys to formally withdraw in a manner that does not harm the client’s interests.
  5. If an attorney violates the terms of the relationship, such as by breaching confidentiality or failing to represent the client competently, they may face legal malpractice claims.

Review Questions

  • What are the essential elements that create an attorney-client relationship, and how do these elements establish trust?
    • The essential elements that create an attorney-client relationship include engagement of the attorney by the client and mutual consent to provide legal representation. Trust is established through the understanding that communications will remain confidential, and the attorney has a duty to act in the client's best interests. This trust is foundational for effective legal advice, as clients must feel secure in sharing sensitive information with their attorneys.
  • How does confidentiality function within the attorney-client relationship, and what are the implications if this confidentiality is breached?
    • Confidentiality within the attorney-client relationship serves to protect all communications between the two parties from being disclosed to outsiders. This principle allows clients to speak freely without fear of their information being revealed. If confidentiality is breached, it can lead to severe consequences for both parties, including potential legal action against the attorney for violating ethical obligations and damaging the client’s case.
  • Evaluate the significance of informed consent in shaping the responsibilities of attorneys towards their clients and its impact on their professional conduct.
    • Informed consent is significant because it ensures that clients understand the scope of representation and any associated risks before proceeding. This process shapes attorneys' responsibilities by mandating transparency and clear communication about legal strategies and potential outcomes. Failure to obtain informed consent can result in ethical violations or malpractice claims, thereby affecting an attorney's reputation and professional conduct significantly within the legal field.