In general, there is no question of whether an attorney-client relationship has been created. When a client seeks an attorney in their office, requests representation and agrees to pay a fee, and the lawyer commits to make that representation, the relationship has been clearly established. A) A person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client. B) Even where a client-lawyer relationship does not occur, a lawyer who has learned information from a prospective client will not use or disclose that information, except as Rule 1.9 would allow with respect to a previous client's information.
Alternatively, the lawyer may agree to represent someone for all legal consequences matters that may arise, which creates an open and ongoing attorney-client relationship. If a lawyer provides legal advice to another person seeking it, and the lawyer can reasonably foresee that the prospective client will rely on that advice, or if the client reasonably believes that he was being represented by the lawyer, an attorney-client relationship forms. There are many aspects of the attorney-client relationship that are governed by professional liability rules. An attorney-client relationship is formed when a lawyer agrees to provide legal assistance to someone seeking the lawyer's services.
