Questions on Forming the Lawyer-Client Relationship and Duties to Prospective Clients

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 it is?

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?