Questions on Forming the Lawyer-Client Relationship and Duties to Prospective
1. Why was Jerre Miller (Togstad's lawyer) liable for malpractice in the
Togstad case? Because all lawyers have duties to provide non-negligent
advice to prospective clients? Or because Miller had allowed an attorney-client
relationship to be established?
2. There is something called a “Togstad letter.” What do you think
3. Someone approaches you at a cocktail party and asks for legal advice.
Can you respond without submitting yourself to potential malpractice liability?
4. Should the duty of confidentiality apply to prospective clients whether
or not any attorney-client relationship has been established?