An attorney client relationship in California is essentially formed when the attorney agrees to represent the client and move forward with the client. This means that when the attorney provides any type of assistance to the client, an attorney-client relationship is formed. Even if the attorney has only agreed on taking one specific step for the client, an attorney-client relationship could still be formed.
There is a rule in California that states the minute the client relies on the attorney’s advice, and reasonably believes that the lawyer is representing him, an attorney-client relationship is formed.
That’s why it is very important to pay attention to what an attorney says to you during a consultation. If the attorney mentions that the consultation is not an indication of an attorney-client relationship, then an attorney-client relationship is most likely not formed. Simply having a consultation with an attorney does not necessarily mean that you are now the client of the attorney.
For example, calling Megeredchian Law at (866) 359-0807 and scheduling a free consultation does not, by itself, create an attorney-client relationship; but it’s definitely a step forward. During the consultation, we’ll evaluate your accident case and determine whether you may qualify for compensation. If you do, we may offer to represent you and assign a personal injury lawyer in California to your case. An attorney–client relationship formally begins only after both parties agree to representation and a written agreement is signed.
What Will an Accident Attorney Do in an Attorney–Client Relationship?
When an attorney–client relationship is established in California—typically after both parties agree to representation and a written agreement is signed—an accident attorney takes on specific legal duties and responsibilities owed to the client under California law.
First, the attorney must act loyally, competently, and diligently in protecting the client’s rights. This includes investigating the accident, gathering evidence, communicating with insurance companies, filing all required claims and court documents on time, and negotiating or litigating to pursue fair compensation on the client’s behalf. The attorney must keep the client reasonably informed about the status of the case and explain legal matters in a way the client can understand.
The attorney also owes a strict duty of confidentiality. Information shared by the client, as well as information obtained while representing the client, must be kept confidential and cannot be disclosed without the client’s consent, except in very limited circumstances permitted by law. This duty continues even after the attorney–client relationship ends.
California attorneys are governed primarily by the California Rules of Professional Conduct and applicable state and federal laws. While the American Bar Association’s Model Rules are not binding in California, California’s rules address similar ethical obligations. Under these rules, an accident attorney must:
- Provide competent representation, using the legal knowledge, skill, and preparation reasonably necessary for the case.
- Act with reasonable diligence and promptness in handling all aspects of the claim.
- Avoid conflicts of interest and not enter into improper business transactions with clients.
- Refrain from accepting gifts or benefits from clients that could affect professional judgment or violate ethical rules.
- Charge only lawful and reasonable fees, clearly explained in the representation agreement.
- Be honest with the court, opposing parties, and others involved in the case, and never engage in fraud, deceit, or illegal conduct.
- Follow all procedural rules, deadlines, and court orders related to the claim.
In short, once an attorney–client relationship exists, an accident attorney’s role is to act as the client’s legal advocate, protect their interests, comply with all ethical and legal obligations under California law, and pursue the best possible outcome within the bounds of the law.
Attorney–Client Relationship: What It’s Not
An attorney–client relationship is not created by consuming general legal content, including:
- Reading a law firm’s website, blog posts, FAQs, or practice-area pages, which are intended to provide general information and marketing content, not legal advice tailored to your situation.
- Watching videos, reels, podcasts, or other educational content, even if an attorney discusses legal issues similar to yours, since this information is broad and not case-specific.
- Relying on publicly available legal information, which cannot substitute for personalized legal analysis or representation.
It is not formed through informal or preliminary contact, such as:
- A free consultation, whether by phone, video, or in person, when the attorney has not agreed to take your case or clearly states that no representation has begun.
- Phone calls, emails, text messages, or online contact forms, even if you describe your accident or legal issue in detail.
- A lawyer answering general questions or explaining legal concepts, without reviewing your case in depth or agreeing to act on your behalf.
- An informal review of documents or facts, when done for screening purposes only and not as part of an agreed representation.
It is also not created by personal, casual, or unrelated interactions, including:
- Social conversations or off-the-record comments, where a lawyer offers a quick thought or general opinion outside a professional setting.
- Personal relationships, such as friendship, family ties, or being referred by someone who previously worked with the attorney.
- Prior representation in a different or unrelated matter, which does not automatically extend to new legal issues or future claims.
- Expressions of sympathy, encouragement, or interest, which may feel supportive but do not amount to legal representation.
Who Should Make the Decisions When Filing an Accident or Personal Injury Lawsuit?
In an accident or personal injury claim, the attorney–client relationship is built on shared decision-making, with clearly defined roles for both the client and the lawyer. When an attorney represents an injured person, the attorney acts as the client’s legal agent and must pursue the client’s objectives while using professional judgment, skill, and experience to handle the case effectively.
The client—not the attorney—has the final authority over major decisions that affect their rights and outcome. This includes whether to accept a settlement offer, reject it, or proceed to trial. An attorney cannot force a client to settle or continue litigation against the client’s wishes. Instead, the attorney’s role is to explain the legal options, evaluate risks, and provide informed recommendations based on the facts of the accident and applicable California law.
At the same time, the attorney is responsible for determining the legal means used to pursue the claim. This includes strategic decisions such as what motions to file, how to conduct discovery, which evidence to present, and how to negotiate with insurance companies or opposing counsel. These procedural and tactical choices fall within the attorney’s professional discretion and are guided by the duty to act in the client’s best interests.In short, in a personal injury lawsuit, the client sets the goals of the case, while the attorney controls the legal strategy used to achieve those goals within the attorney–client relationship. They work as a team with a common goal: pursue maximum compensation. If you had an accident in California, team up with a winning attorney. Call Megeredchian Law at (866) 359-0807 today.