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

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           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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