Multistate Professional Responsibility Exam Practice Question
Nia is a licensed attorney who works at a company. Her coworker, Dante, approached her for guidance about a contract dispute with a vendor. Nia listened closely, recommended steps, and discussed possible strategies. She mentioned that she could not take him on as a formal client. Dante followed her guidance and continued to consult her. Which answer describes the formation of the lawyer-client relationship most accurately?
They did not develop a relationship because there was no clear contract between them.
An attorney-client relationship is established once Dante approached Nia for legal advice.
They developed a relationship because Nia shared specific legal advice and Dante relied on that advice.
They did not develop a relationship because Nia indicated she was unavailable for representation.
A lawyer-client relationship can form when a person seeks and receives legal advice from a lawyer with a reasonable expectation that the lawyer is acting in a professional capacity. A written agreement or payment is not essential. Declaring a lack of time or using informal settings may not prevent a relationship from forming if the advice is legal in nature and the other person relies on it. Other positions may view the absence of a formal agreement as preventing a relationship, but consistent and specific counsel can establish one even if a lawyer states there is no official arrangement.
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