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Case Citations [1] (April 2022 - August 2022)

handle is hein.ali/rettlglyrs0064 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE THE LAW GOVERNING LAWYERS 3D CHAPTER 2. THE CLIENT-LAWYER RELATIONSHIP TOPIC 1. CREATING A CLIENT-LAWYER RELATIONSHIP § 14. Formation of a Client-Lawyer Relationship La.App.2021. Quot. in sup. Ex-wife brought a legal-malpractice action against attorney, alleging that defendant failed to properly reinstate a community-property regime for plaintiff and ex-husband, resulting in plaintiff not receiving certain properties when she and ex-husband divorced. The trial court granted defendant's exception raising objection of no right of action. This court affirmed in part, holding that plaintiff lacked reasonable belief that an attorney-client relationship existed between the parties. The court pointed out that plaintiff failed to satisfy the elements of determining the existence of an attorney-client relationship under Restatement Third of the Law Governing Lawyers § 14, because she presented no evidence that the parties agreed upon a fee arrangement for the provision of legal services, and, even if there was an attorney-client relationship between the parties at the time the community- property regime was initially terminated, plaintiff did not reasonably contemplate that defendant's duty would continue. Pearce v. Lagarde, 330 So.3d 1160, 1168. Mich.2021. Com. (b) quot. in ftn.; coms. (c) and (e) cit. in ftn. Law office sued law firm and clients of law firm, alleging that defendants breached the terms of a referral agreement entered into between the parties, under which defendants would pay a portion of an underlying personal-injury judgment to plaintiff as compensation for plaintiff referring law firm to clients. The trial court entered judgment in part for plaintiff. The court of appeals affirmed in part, reversed in part, vacated in part, and remanded. This court affirmed in part, reversed in part, vacated in part, and remanded, holding, inter alia, that defendants bore the burden of persuasion in establishing their affirmative defense that the referral agreement was unenforceable because plaintiff did not have an attorney-client relationship with clients. Citing Restatement Third of the Law Governing Lawyers § 14, the court observed that whether clients and plaintiff intended to enter into such a relationship could be inferred from their actions and the circumstances. Law Offices of Jeffrey Sherbow, PC v. Fieger & Fieger, PC, 968 N.W.2d 367, 383, 384. TOPIC 2. SUMMARY OF THE DUTIES UNDER A CLIENT-LAWYER RELATIONSHIP § 18. Client-Lawyer Contracts Miss.2021. Subsec. (2) quot. in case quot. in sup. (quoting § 29A(2) of T.D. No. 5, 1992, which is now § 18(2) of the Official Text). Attorney sued client, alleging that defendant failed to pay for legal services rendered pursuant to promissory notes entered into between the parties. The trial court granted plaintiff's COPYRIGHT C2022 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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