A Client or Not a Client? That is the Question.
It is not uncommon for a court opinion to be correct in describing the forest, but perhaps not every tree. Such may have happened with the opinion issued by the Second District Appellate Court in Naughton v. Pfaff, writes Dennis A. Rendleman in his September Illinois Bar Journal article, “A Client or Not a Client? That Is the Question.” The Naughton ruling has made Illinois an outlier, Rendleman states, since the prevailing interpretation in the U.S. is that a referring lawyer has an attorney-client relationship with the referred individual when making a referral to a receiving lawyer. Being one’s client is a prerequisite to the establishment of a referral agreement between the referring lawyer, the client, and the receiving lawyer.