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The Contractual
Nature of Legal Representation
In Texas, the formation of an attorney–client relationship is not solely determined by the State Bar of Texas. Instead, it is established through mutual agreement between the attorney and the client, which can be either explicit or implied based on their interactions.
According to the Texas Disciplinary Rules of Professional Conduct, a person becomes a prospective client by consulting with a lawyer about the possibility of forming a client–lawyer relationship with respect to a matter. Even if no formal relationship ensues, lawyers have a duty not to use or reveal information learned from a prospective client, except as permitted or required by the rules.
Furthermore, the attorney–client relationship is contractual in nature and may be either express or implied. The relationship must be based upon an intent by both parties to create such a relationship, and it is insufficient to establish an attorney–client relationship based solely on one party’s subjective belief.
Therefore, while the State Bar of Texas provides guidelines and ethical standards, the actual formation of an attorney–client relationship depends on the mutual intent and agreement between the attorney and the client, as evidenced by their conduct and communications.
