New Jersey Advisory Committee on Professional Ethics, Op. 712 (2008)

Brief Summary
An attorney-client relationship arises when legal hotline gives legal advice. Any preemptive attempt to disclaim such a relationship would be ineffective.

Complete Summary
Inquirer nonprofit trade association sought to set up a legal hotline to provide short term and limited legal services to its members. The association members were to be advised in writing that no attorney-client relationship would arise via the hotline service. The trade association (and, one assumes, its attorneys) wanted to know if the disclaimer of any attorney-client relationship would be effective.

The New Jersey Advisory Committee on Professional Ethics held that while the nature of the attorney-client relationship could be limited pursuant to New Jersey RPC 6.5, which governs nonprofit and court-annexed limited legal services programs, the relationship cannot altogether be denied. Although RPC 6.5 provides for relaxed conflict of interest rules in certain nonprofit/limited legal representation situations, it is nonetheless premised on the existence of some form of attorney-client relationship. The committee also noted that the trade association would also have to file a legal services plan with the New Jersey Supreme Court pursuant to New Jersey RPC 7.3(e)(4) (regarding issues relating third-party recommendations of clients and contacts with prospective clients).

Significance of Opinion
This opinion notes that when an attorney gives legal advice, an attorney-client relationship will be created, period.

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