When Free Legal Counsel from a Professional Association is Not Really Free: Understanding the Client-Attorney Relationship

When a professional association to which you belong provides free legal counsel as part of your membership, many individuals wonder if a traditional attorney-client relationship still exists with that free legal counsel. This article aims to clarify the nuances of this relationship and provide guidance on what to expect.

The Attorney-Client Relationship and Conflicts of Interest

Does a Traditional Attorney-Client Relationship Exist?

No, in situations where a professional association provides free legal counsel, a traditional attorney-client relationship does not exist. This is important to understand because, as a general rule, you cannot serve two masters at the same time and do justice to both. The free legal counsel provided by your professional association is, in essence, a service sponsored by your association. However, the consultation must remain private, and the professional association typically should not be privy to the legal consultation.

Competence and Scope of Services

Is the Consultation Free?

While the legal counsel may be provided at no cost to you, it is not truly "free" in the sense that it does come with certain limitations. The attorneys involved are usually competent generalists who have the knowledge to determine if your issues are beyond their scope. With access to resources like Westlaw and the dedication to learn, even generalists can handle a wide array of legal issues. However, if an attorney states they cannot assist with certain aspects of your case, it is important to find a more specialized attorney to address these specific concerns.

Confidentiality and Client Rights

Who is the Client?

The client is still you, regardless of who pays the fee. The attorney-client privilege runs to the benefit of the client and no one else. This means that the attorney is bound by confidentiality requirements, even if the association has provided the services. This is particularly important to note when parents hire a lawyer for their child. Often, parents struggle to understand this principle, which can lead to misunderstandings about the lawyer's obligations and the nature of the client-attorney relationship.

Conclusion

When seeking legal counsel from a professional association, it is crucial to understand the nature of the relationship and the limitations of the services provided. A traditional attorney-client relationship does not technically exist in these situations, but the privacy and confidentiality of the consultation are still essential. If you have any doubts about the services provided or the competence of the attorney, it is advisable to consult with another attorney to ensure your legal needs are met comprehensively.

Key Takeaways:- Free legal counsel from a professional association does not create a traditional attorney-client relationship.- Confidentiality and attorney-client privilege still apply.- Seek guidance if you are unsure about the competence or limitations of the free legal counsel.