If an attorney-client relationship exists, an attorney owes a duty of confidentiality to the clients. Except in those situations where a court appoints an attorney, the attorney-client relationship is created by contract, either express or implied.
Preman, 911 S.W. 2d 288, 301 (Mo. App. 1995) ("The relation between attorney and client is fiduciary and binds the attorney to a scrupulous fidelity to the cause of the client which precludes the attorney from any personal advantage from the abuse of that reposed confidence. . . .
An attorney-client relationship may be implied when: (1) a person seeks legal advice from an attorney; (2) the advice sought is within the attorney's professional competence: (3) and the attorney actually gives the advice.
The establishment of the attorney-client relationship involves two elements: a person seeks advice or assistance from an attorney; and the attorney appears to give, agrees to give or gives the advice or assistance.
For example, if a lawyer is asked to represent the seller of a business in negotiations with a buyer represented by the lawyer, not in the same transaction but in another, unrelated matter, the lawyer could not undertake the representation without the informed consent of each client.
Client privilege The Advocate has a duty to keep confidential the information received from and advice given to the client. Unauthorised disclosure of client confidential information is professional misconduct.
Attorney-client privilege protects communications between in-house or external counsel and their clients that are (i) intended to be confidential and (ii) made for the purpose of seeking or obtaining legal assistance or advice. Generally, employees who engage and direct the lawyer are part of the client group.
Lawyer: A lawyer is a person who has completed an undergraduate law degree, typically a Bachelor of Law (LLB) degree. Advocate: An advocate is a lawyer who has completed additional postgraduate training at the Kenya School of Law, including a diploma in the legal field, and has successfully passed nine courses.
Lawyer: A lawyer is a person who has completed an undergraduate law degree, typically a Bachelor of Law (LLB) degree. Advocate: An advocate is a lawyer who has completed additional postgraduate training at the Kenya School of Law, including a diploma in the legal field, and has successfully passed nine courses.