- Most everyone understands that once an attorney-client relationship is formed, various rights and obligations arise. The problem is that it is not always clear when an attorney-client relationship has formed.
- To date, Connecticut ‘s appellate courts have provided very limited guidance on this issue. For example, “[a]n attorney-client relationship is established when the advice and assistance of the attorney is sought and received in matters pertinent to his profession.” Somma v. Gracey, 15 Conn. App. 371, 379 (1988). The burden of establishing an attorney-client relationship is on the party claiming the existence of such a relationship. See Solomon v. Aberman, 196 Conn. 359, 384 (1985). Evidence of either a retainer agreement or a contract between the parties is relevant to the determination of its existence. See, e.g., Dubreuil v. Witt, 65 Conn. App. 35, 43-44, 781 A.2d 503 (2001), as cited in DiStefano v. Milardo, 276 Conn. 416, 422, 886 A.2d 415, 419 (2005). While helpful, these cases do not go very far.
- In the absence of direct appellate authority, superior courts determining the existence of an attorney-client relationship have examined the Restatement (3d) The Law Governing Lawyers. Stardust, LLC v. Moran, 2015 Conn. Super. LEXIS 2013 (Conn. Super. Ct. July 28, 2015). The Restatement (3d), Volume 1, § 14, Formation of a Client—Lawyer Relationship, provides “(1) a person manifests to a lawyer the person’s intent that the lawyer provided legal services for the person; and either (a) the lawyer manifests to the person consent to do so; or (b) the lawyer fails to manifest lack of consent to do so, and the lawyer knows or reasonably should know that the person reasonably relies on the lawyer to provide the services …” Norwich Med. Arts Ctr., LLC v. Leone, 2023 Conn. Super. LEXIS 454, *7 (Conn. Super. April 3, 2023)
- Even this Restatement section is a bit vague and requires an analysis of the factual background of communications between the lawyer and possible client. Since even an engagement letter is not dispositive, the actual intent of the parties is critical. The lawyer, however, must affirmatively indicate a lack of consent when the lawyer knows or should know that the possible client reasonably relies on the lawyer to provide services.
- Since a party’s consent can rarely be assumed, in litigation, the trier of fact, either the judge or the jury, must hear the evidence and determine whether an attorney-client relationship has been formed.
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Harking back to the days of the “general practice” lawyer, James A. Lenes, a partner, has represented individuals and businesses since 1991 in the areas of personal injury cases, commercial litigation, bankruptcy law, commercial and residential evictions, foreclosures, collections, and real estate litigation, including home improvement contractor disputes and boundary line disputes.
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