Guide · Litigation

The Attorney-Client Relationship: A Comprehensive Guide to Engagement, Fees, Privilege, and Disputes

42 U.S.C. § 1988

Type
Guide
Jurisdiction
National
Date
2024-06-21
Topic
Litigation

This guide covers the attorney-client relationship systematically, from formation through termination and remedies. The opening parts cover how the relationship forms, including by implication, the protections owed to prospective clients, and the engagement letter term by term. Fee structures are treated separately — hourly, flat, contingency, and hybrid — with the provisions that determine what a client actually nets and the contexts in which a fee is set or reviewed by a court rather than by contract. Later parts cover the core duties of competence, diligence, communication, confidentiality, loyalty, and safekeeping of property, and then treat the attorney-client privilege and work product separately from the broader duty of confidentiality, including what destroys the privilege and how the corporate privilege operates. A dedicated part covers conflicts of interest, consentability, and joint representation. The termination parts cover the client's near-absolute right to discharge, the lawyer's much narrower right to withdraw, the file, and charging and retaining liens. The final parts cover the three remedial paths — fee arbitration, bar discipline, and malpractice — and the lawyer's duties to the tribunal that bound the duties owed to a client.

The Attorney-Client Relationship: A Comprehensive Guide to Engagement, Fees, Privilege, and Disputes

Litigation > The Attorney-Client Relationship | Published 21 June 2024 - Updated 25 June 2026 | UpLaw - uplaw.us

The rules governing lawyers are state rules, adopted from a common model and varying in detail. What follows describes the structure those rules share and the practice questions that arise under all of them.

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