Bucklin has a whole seminar lecture on when a client relationship
starts, and the dangers to attorneys in not recognizing that they may be held to
an attorney/client relationship even without agreeing to it.
But here is a short discussion on the subject.
"Traditionally, it has been said that the lawyer-client relationship
begins when the client acknowledges the lawyer's capacity to act in his behalf
and the lawyer agrees to act for the benefit and under the control of the
client." ABA/BNA Lawyers' Manual On Professional Conduct, at 31:101
(2002) ("ABA/BNA Manual"). The existence of an attorney-client
relationship is a fact question, necessarily dependent on the particular
circumstances of the case. Moen v. Thomas,
2001 ND 110, 628 N.W.2d 325. An attorney-client relationship may be
implied from the conduct of the parties. Storman v. Weiss, 65 N.W.2d 475,
520 (N.D. 1954). "[I]t may arise when a putative client reasonably believes
that a particular lawyer is representing him and the lawyer does not disabuse
the individual of this belief." ABA/BNA Manual, at 31:101. See
also Moen,
at ¶ 15.
The existence of the relationship does not depend on an express contract or the
payment of fees. Moen, at
¶ 13.
See also, Disciplinary Board v. McKechnie, 2003 ND 22, www.court.state.nd.us/court/opinions/20020194.htm
In short, if the prospective client can reasonably believe the prospective
attorney is giving him/her legal advice, or will be doing so, there
may be an implied attorney/client relationship.