By David Majchrzak and Edward McIntyre
20.1.5 In the Matter of Paquin (2020) Not Published Case No. 17-O-04162 State Bar Court of California Review Department (March 10, 2020)
Issue:
Is a lawyer-client relationship necessary for a lawyer to be disciplined for failure to perform legal services competently or for aiding and abetting the unauthorized practice of law?
Analysis:
Yes. The State Bar charged the lawyer misconduct when an individual’s partner contacted an independent contractor for Paquin and other lawyers. The independent contractor was not Paquin’s employee, nor did she share office space with him. Occasionally, the independent contractor presented blank engagement agreements to prospective clients, for them to review before meeting with Paquin. Paquin credibly testified that he never saw the agreement at issue in this case and it differed from his standard agreement. He never had any communication with the “client.”
The issue before the Review Department was whether an attorney-client relationship existed so as to support the misconduct charges. The court found neither an express contract nor an implied contract based on conduct. Further, the State Bar did not allege any lawyer-client relationship with the “client’s” partner who had all the communication with the independent contractor and Paquin’s office manager.
Absent a lawyer-client relationship, the Review Department dismissed all charges with prejudice.
David Majchrzak and Edward McIntyre are co-editors of Ethics Quarterly.