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52. If the attorney sues the client for the $500, will the attorney be likely to prevail?
Assume that there is no applicable statute or rule governing the formation of attorney-client relationships in the jurisdiction.
The client refused to pay the attorney anything, arguing that she had never agreed to retain the attorney and that she had received nothing of value from the attorney because the sales transaction was never concluded.
The attorney reviewed the document and wrote a one-page letter to the client stating that the document complied with state law. The lawyer included a bill for $500, which was a reasonable fee.
An attorney received a document at his office with an attached note from a client for whom he had just finished drafting a will. The note read as follows: «Do you think this contract of sale for my boat complies with state law? I would have talked to you in person about this, but I'm on my way out of town. I will be back next week.»
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A is incorrect. Frustration of purpose is not applicable here.
B is incorrect. An implied-in-fact contract was formed, despite a lack of essential terms.
C is incorrect. The conclusion is correct, but the attorney, in acting, seems to have relied more upon previous conduct, which established a contractual relationship, rather than merely the note. Had there been no previous contractual relationship and the attorney received this note, he likely would not have acted.