99 So. 3d 72
La. Ct. App.2012Background
- Seals consulted DeBose-Parent to represent his sister Tamika Starks in a second-degree murder case; he paid a $5,000 retainer on November 1, 2010, but no signed contract.
- Starks later signed a formal retainer on December 28, 2010 stating a $25,000 fee less the $5,000 retainer.
- Starks refused to pay; DeBose-Parent stayed on to obtain discovery after Starks requested withdrawal.
- A motion to withdraw was filed January 28, 2011 and granted February 1, 2011.
- Seals filed a complaint with the Louisiana Attorney Disciplinary Board in January 2011 and demanded refund of the $5,000 retainer at the end of March 2011.
- Seals sued in Orleans Parish Civil District Court on April 26, 2011 for multiple claims including legal malpractice; the trial court granted exceptions of no right of action and no cause of action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Seals may state a legal malpractice claim as a non-client | Seals asserts an attorney-client relationship existed via retention for Starks and related communications. | No attorney-client relationship between Seals and DeBose-Parent; relationship was with Starks only. | No attorney-client relationship; dismissal affirmed. |
Key Cases Cited
- Francois v. Andry, 930 So.2d 995 (La.App. 4 Cir 2006) (existence of attorney-client relationship depends on client’s belief; three elements for malpractice claim)
- Francois v. Reed, 714 So.2d 228 (La.App. 1 Cir 1998) (early framework for attorney-client relationship elements)
- Louisiana State Bar Ass’n v. Bosworth, 481 So.2d 567 (La.1986) (existence of relationship largely turns on client’s subjective belief)
- City of New Orleans v. Board of Commissioners of the Orleans Levee District, 640 So.2d 237 (La. 1994) (applies standard for determining existence of legal relationship from petition's allegations)