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Case Citations [1] (July 2017 through August 2018)

handle is hein.ali/rettlglyrs0056 and id is 1 raw text is: THE LAw GOVERNING LAWYERS 3D CHAPTER 2. THE CLIENT-LAWYER RELATIONSHIP TOPIC 1. CREATING A CLIENT-LAWYER RELATIONSHIP Introductory Note Nev.2018. Intro. Note quot. in diss. op. Buyers of a condominium unit sued, among others, condominium association and lawyer who represented association, alleging that defendants retaliated against them in violation of a state statute for requesting that association retain a new lawyer in connection with a dispute regarding a deck on buyers' unit that was built by a previous owner of the unit. The trial court granted lawyer's motion to dismiss, and the court of appeals affirmed. Affirming that portion of the decision, this court held that a lawyer who provided legal services to and acted on behalf of a common-interest community homeowners association client was not an agent of the client for purposes of liability under the statute. The dissent argued that attorney was association's agent under principles of agency law set forth in both the Restatement Third of the Law Governing Lawyers and Restatement Second of Agency § 14. Dezzani v. Kern & Associates, Ltd., 412 P.3d 56, 65. § 14. Formation of a Client-Lawyer Relationship D.Md.2017. Cit. and quot. in sup. Consumer Financial Protection Bureau sued buyer of structured settlements and attorney who purported to act as an independent professional advisor to consumers who were considering selling their structured settlements to buyer, when in fact he had both personal and professional ties to buyer, alleging that defendants violated the Consumer Financial Protection Act by participating in a scheme to buy structured settlements on unfair terms. While originally granting defendants' motion to dismiss attorney under the Act's practice of law exclusion, this court granted plaintiff s subsequent motion to amend the complaint to clarify that consumers were unaware of the fact that attorney was a lawyer, such that the exclusion could not apply. The court reasoned that, under Restatement Third of the Law Governing Lawyers § 14, it was impossible for a client to form an attorney-client relationship with a person if the client did not know the person was an attorney. Consumer Financial Protection Bureau v. Access Funding, LLC, 281 F.Supp.3d 601, 605. D.Md.2017. Subsec. (1)(a) quot. in case quot. in sup. (general cite). Federal agency that was charged with regulating the offering and provision of consumer-financial products and services sued company that purchased structured settlements from consumers, as well as attorney with personal and professional ties to company, who purportedly provided independent professional advice to consumers in connection with the sale of their structured settlements to company, alleging violations of the Consumer Financial Protection Act. This court granted attorney's motion to dismiss agency's claims against him, holding that attorney's conduct fell within the practice of law exclusion to the Act. The court reasoned, in part, that, when consumers utilized attorney as their independent professional advisor and attorney performed that function for them, both attorney and consumers manifested the intent necessary to form an attorney- client relationship under the Restatement Third of the Law Governing Lawyers. Consumer Financial Protection Bureau v. Access Funding, LLC, 270 F.Supp.3d 831, 849. A L Ia For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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