Ezel / Ethics Opinions / WISBAR
WISBAR 1995

Does a volunteer attorney giving general legal information form an attorney-client relationship, and can they advise both sides?

Short answer: The opinion concluded that whether an attorney-client relationship forms is a fact question turning on the parties' intent. It is not formed merely because a caller knows the volunteer is an attorney, but that knowledge plus legal advice sought and given ordinarily establishes it. A volunteer who wants to avoid forming the relationship should give clear disclaimers and provide only general information. If no relationship forms, the volunteer may answer both a landlord and a tenant; if one forms, conflicts may arise and require special care.

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This page answers the general question as of 1995. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Currency note: this opinion is from 1995
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
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Plain-English summary

Opinion E-95-5 addressed an attorney serving as volunteer counsel for an organization that provides information about landlord-tenant law, asking whether telling a caller that one is an attorney forms a lawyer-client relationship, and whether the volunteer is barred from answering questions from both a landlord and a tenant about the same matter. The committee explained that whether an attorney-client relationship is formed depends on the parties' intent and is a question of fact (citing Marten Transport v. Hartford Specialty Co.). The relationship is not formed simply because one party knows the other is an attorney, but that knowledge, coupled with legal advice being sought and provided, ordinarily is enough to establish it.

The committee stressed that a volunteer providing only general information should emphasize that fact and that legal advice specific to a particular set of facts is beyond the scope of the service. A volunteer who intends to avoid forming an attorney-client relationship should clearly announce that intention through appropriate warnings or disclaimers and then refrain from giving advice specific to the caller's situation. If no attorney-client relationship is formed, the volunteer may answer questions from both a tenant and the landlord from whom the tenant rents. If a relationship is formed with either party, conflicts of interest may arise from communicating with both, and special care should be taken (citing SCR 20:1.7, 20:2.2, and 20:4.3).

Currency note

This opinion was issued in 1995, before Wisconsin's July 1, 2007 adoption of the revised Rules of Professional Conduct (the state's Ethics 2000 update). The opinion relies on SCR 20:2.2 (intermediary), a rule later removed from the Model Rules. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Does saying "I am an attorney" create an attorney-client relationship?

A: Not by itself. The committee concluded that the relationship turns on the parties' intent and is not formed merely because someone knows the other is a lawyer, though that knowledge plus legal advice sought and given ordinarily establishes it.

Q: How can a volunteer avoid forming the relationship?

A: By disclaiming and sticking to general information. The committee concluded that a volunteer should clearly announce the intention not to form the relationship through warnings or disclaimers and then refrain from giving advice specific to the caller's situation.

Q: Can the volunteer answer questions from both a landlord and a tenant?

A: Yes, if no relationship is formed. The committee concluded that absent an attorney-client relationship the volunteer may answer both, but if one forms with either party, conflicts may arise under SCR 20:1.7 and special care is needed.

Background and rules framework

The opinion applied SCR 20:1.7 / Model Rule 1.7 (conflicts of interest), SCR 20:2.2 / Model Rule 2.2 (the lawyer as intermediary, since removed from the Model Rules), and SCR 20:4.3 / Model Rule 4.3 (dealing with unrepresented persons) to the question of advising callers, and treated the formation of the attorney-client relationship as a fact question of intent under Wisconsin law.

Citations and references

Rules of Professional Conduct:

  • Wis. SCR 20:1.7 / Model Rule 1.7 (conflicts of interest)
  • Wis. SCR 20:2.2 / Model Rule 2.2 (intermediary; later removed)
  • Wis. SCR 20:4.3 / Model Rule 4.3 (unrepresented persons)

Cases:

  • Marten Transport v. Hartford Specialty Co., 194 Wis. 2d 1, 533 N.W.2d 452 (1995), formation of the attorney-client relationship is a fact question of intent

See also

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