An attorney owes the client competence, diligence, prompt communication, confidentiality, and loyalty free from conflicting interests. These duties arise from the professional conduct rules and inform the standard of care in malpractice.
The duty attaches upon formation of the relationship, which may occur without a written agreement.
Alternative Names:
Attorney Duty to Client, Client Duties
Why it Matters?
Relationship formation is a recurring threshold issue, because a duty can arise from a consultation the lawyer did not consider an engagement. Prospective client rules impose confidentiality obligations even where no representation follows, and a person who reasonably believed they were represented may establish a relationship despite no fee agreement. Declination letters are the practical control, since they document that no representation was undertaken.
Frequently Confused with
Related terms
Frequently asked questions
Can a duty arise without a fee agreement?
What is the practical control?
