Certified Legal Professional (CLP) Practice Exam

Does an attorney maintain a lawyer-client relationship when they provide informal legal advice after declining formal representation?

1. Yes, if the attorney was already engaged in a previous relationship with the client

2. Yes, if the client reasonably relied on the attorney's answers

3. No, because the attorney withdrew from formal representation

4. No, if the attorney did not have time to engage

The correct answer is: Yes, if the client reasonably relied on the attorney's answers

The reasoning for selecting that particular response lies in the principle of reliance within the attorney-client relationship. Even when an attorney has declined formal representation, a lawyer-client relationship can potentially be established if the client reasonably relies on the attorney's informal advice. This reliance indicates that the client perceives the attorney as a trusted legal advisor, and if the attorney provides advice knowing that the client will rely on it, this can create a sense of obligation and responsibility on the part of the attorney, which often forms the informal basis of a lawyer-client relationship. In contrast, the other scenarios outlined in the options do not consistently establish a lawyer-client relationship. For instance, previous engagements or relationships may not influence the current dynamic unless there's an explicit understanding of continued representation. Meanwhile, an attorney's withdrawal from formal representation does indicate a lack of commitment to the client, and unless the reliance on the attorney's informal advice was understood and accepted, such a withdrawal may weaken the continuation of the relationship. Lastly, the lack of time to engage does not inherently influence the existence of a relationship; it instead reflects operational constraints rather than the client's reliance or expectation of relationship continuity. Therefore, the correct choice highlights the significance of the client's reasonable reliance on legal advice as the basis for establishing that informal