Tuesday, January 5, 2010

Is is the attorney-client relationship still an attorney-client relationship if the client takes control of all aspects of lawyering?

Law.com is reporting (here) on an interesting case where the court held that the client (a non-practicing attorney) sought to contractually reserve the right to completely control all aspects of the representationg and yet retain the right to hold him liable for legal malpractice or breach of fiduciary duty. The court held he could not have it both ways. Having insisted on a contract provision with his lawyer that would give him last say over all decision making, the court held the provision turned his attorney/client relationship into an employee/employer relationship that prevented him from suing for malpractice. The unpublished opinion is available here.

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