When you enter into a representation agreement with an attorney for that attorney to represent you, you have entered an attorney-client relationship. Even if there is no formal written retainer agreement between you and the attorney, the court may still find you formed an attorney-client relationship. In cases where these relationships are formed, the attorney must not enter into other agreements or take actions that harm your interest. If they do, you might have a case for legal malpractice against them. If you and the lawyer have entered into a representation agreement and the lawyer acts against your interests, you might have a claim for legal malpractice. If proven, you may be entitled to compensation for the attorney’s breach of that relationship. The case Edelman v. Berman addresses how an attorney-client relationship is formed between attorney and client.
Edelman V. Berman
In 2006, the plaintiff (Edelman) and the defendant (Berman) bought a property together. Edelman and Berman ultimately defaulted on the mortgage for the property in 2017; the foreclosure sale for the property occurred in early 2018. Before the foreclosure sale occurred, the property was sold to Singer Group (Singer), one of the defendants in the legal malpractice case. Another of the defendants in the legal malpractice case, Wisnicki & Associates (Wisnicki), was involved in the legal proceedings of the sale, including the closing and drafting of the deed and other closing documents. Edelman sued Wisnicki and Singer for damages from fraud and legal malpractice related to the sale and closing. Both Wisnicki and Singer moved to dismiss the claims against them. The court granted Wisnicki’s motion to dismiss but denied Singer’s motion. Edelman and Singer appealed to the New York supreme court.
Appeals Court Decision
The appeals court ultimately found that the dismissals of claims against the defendants were proper. However, the appeals court held that dismissing the legal malpractice and violation of real property actions was improper. With respect to the legal malpractice issues, Wisnicki argued that there could not have been any malpractice as there had been no retainer agreement between them and Edelman. Wisnicki argued that because there was no retainer agreement between the two of them, therefore no attorney-client relationship had been formed. However, the appeals court did not find this argument convincing.
The appeals court agreed that there had been no retainer agreement between Wisnicki and Edelman but disagreed that no attorney-client agreement could have been formed because no formal agreement was made. The appeals court commented that an attorney-client relationship can still be created without an explicit agreement. The appeals court noted that when there is no retainer agreement, an attorney-client relationship can be formed by the words and actions of the parties. In legal malpractice cases, the court interprets law and facts in the plaintiff’s favor. The appeals court found that the words and actions between Edelman and Wisnicki were enough to establish there was an attorney-client relationship between the two, even though the two had not entered into a formal retainer agreement.
Why Does An Attorney-Client Relationship Matter In A Legal Malpractice Case?
An attorney-client relationship is required in a legal malpractice case because, without that relationship, there is no basis for a legal malpractice case. If you do not form an attorney-client relationship, either through words and actions or by retainer agreement, the attorney does not owe the duties they otherwise would to a client. Edelman v. Berman establishes that, even if you do not establish a formal retainer agreement with an attorney, your attorney may still be subject to legal malpractice liability if words and actions form that relationship.
Kentucky Malpractice Attorney
To bring a successful legal malpractice case, you must prove the existence of an attorney-client relationship with the lawyer who failed you, among other things. If a lawyer’s unprofessional conduct caused you damages, you should speak with William F. McMurry & Associates. Mr. McMurry is the ONLY Board Certified attorney in Kentucky, Certified by the American Board of Professional Liability Attorneys (ABPLA) as a Legal Malpractice Trial Specialist. He will explain your legal options, including filing suit against your lawyer to recover the compensation you deserve. Contact William F. McMurry & Associates at (502) 326-9000 or contact us online today to discuss your Kentucky legal malpractice case.