Florida Attorney Client Relationship
Under Florida law, the test for determining the existence of an attorney-client relationship hinges upon the client's subjective belief that he or she is consulting a lawyer in that capacity and his or her manifested intention is to seek professional legal advice, because legal advice is a “legal service” for such purposes. It does not depend on the actions or conduct of the lawyer. However, the client's belief must be a reasonable one.
The existence of a formal retainer agreement is not essential to finding an attorney-client relationship, as required to support a claim for legal malpractice under Florida law, and a client need not pay a fee to form such a relationship.
See Florida Attorney Regulation for more information on rules formulated by the Florida Bar.
