The existence of the attorney-client relationship is often a necessary predicate to any potential claim of error or malpractice. Defining the parameters of the attorney-client relationship helps shape the course of the representation but also may assist with the management of risk. Because attorneys typically only ever have to defend a claim for malpractice or breach of fiduciary duty by a client, knowing who is (and who is not) a client is a basic yet powerful risk avoidance tool.

But what if someone other than the attorney’s client pays for the legal services rendered? In those situations, the attorney generally has no legal obligations to the entity or person who is simply paying the bills. However, the answer is not always cut and dry.