What is an attorney-client relationship?
An attorney-client relationship is a situation in which an attorney represents a person or entity in legal proceedings or even outside the courtroom (for example, in a real estate transaction). An attorney-client relationship does not exist between the attorney and the opposing party.
Within the framework of a lawyer-client relationship, the lawyer must act with loyalty and dedication (as stipulated in Section 54 of theThe Bar Association Law) towards his client in order to provide him with the best possible legal service, and also to avoid claims regarding Professional negligence, which may also lead to the submission of Lawsuit against a lawyer At the end of treatment (and sometimes even during it).
Outside the walls of the court, the attorney-client relationship usually ends at the time the attorney has completed his obligations to the client (for example: in a transaction for the sale/purchase of an apartment, the attorney-client relationship will end at the conclusion of the transaction). Usually, an agreement The fees between the client and the lawyer Define exactly what service the lawyer has committed to providing to the client or to what extent he represents the client.
On the other hand, if it is aCivil lawsuit or Financial claim, a lawyer-client relationship can only be terminated if the client revokes the lawyer's power of attorney (within the framework of Class action lawsuit The client can revoke the attorney's power of attorney with respect to him but cannot cause him to cease representing in the proceeding (since the attorney represents not only the client but also the members of the class), or if the court authorizes the attorney to be released from representation. The matter is regulated within the framework of Regulation 172 of the Civil Procedure Regulations, which states as follows:
A party represented by a lawyer may revoke his lawyer's power of attorney, provided that notice of this has been given to the court and all other parties; A lawyer may terminate representation only with the permission of the court.
מי נחשב "לקוח" של עורך הדין?
To understand the problem in the question, we will use the following example: My father needs a lawyer but he does not have the money to pay the fees, so he asks Shlomi to pay for the lawyer's services. Who is the lawyer's client according to this example? Is it just my father? Is it just Shlomi? Or both my father and Shlomi?
התשובה: בדוגמה הנוכחית רק אבי יחשב להיות "לקוח" למרות ששלומי משלם את שכר הטרחה.
פסיקות בתי המשפט קבעו מספר מבחנים כדי לזהות מי נחשב להיות "לקוח" של עורך הדין:
- Did the applicant contact a lawyer with the intention of having him represent him?
- Did the lawyer accept the representation of the person who applied to him for representation?
- Did the applicant give the lawyer a power of attorney to handle a specific matter on his behalf?
- Was the lawyer paid a fee for his treatment of a person who contacted him for legal services?
- Was a working meeting held between the lawyer and the applicant to receive his services, which detailed the applicant's requirements?
- What information was exchanged between the applicant and the lawyer?
- The period of time during which the relationship between the parties prevailed?
- What is the level of intensity of the relationship between the parties?
- What type of service was provided or was it alleged that the lawyer was required to provide?
- Do the actions taken by the lawyer for the applicant have legal content?
The determination regarding the existence of an attorney-client relationship must be made based on objective data and not on a subjective feeling. In other words, if someone who contacts a lawyer thinks that he is the lawyer's client, based on his subjective feelings, this does not mean that he is indeed a client.
פסיקת בית משפט בעניין יחסי עורך דין לקוח שעשויה לסייע לכם להבין את הסוגיה קצת יותר לעומק – ת"א 19483-06-24 מוחמד יוסף חסארמה נ' עו"ד נימר עבד אלגני:
סעיף 20 לחוק לשכת עורכי הדין, התשכ"א-1961 (להלן: "The Bar Association Law") קובע רשימה של פעולות שיוחדו למקצוע עריכת הדין ועשייתן מותרת אך ורק על ידי עורך דין. פעולות אלה מבוצעות על ידי עורך הדין לטובת לקוח, עם זאת, The law does not define who is a customer. ומתי ייחשבו היחסים בין עורך הדין לאדם אחר יחסי עורך דין לקוח. בפסיקה נקבע כי השאלה אם עורך דין קיבל על עצמו ייצוגו של אדם וטיפל בעניינו יכולה להיות מפורשת (למשל על ידי חתימה על ייפוי כוח בכתב) ויכולה להיות נלמדת מן הנסיבות (ד"ר לימור זר-גוטמן "מיהו לקוח: When and how is a lawyer-client relationship formed?", דין ואומר (2004) (להלן: זר-גוטמן, מיהו לקוח)).
בע"א 37/86 Levi N. Sherman, פ"ד מ"ד(4) 446, 578 (1990) (להלן: Levi's affair) נקבע כי לצורך בחינת קיומם של יחסים אלו יש לשים את הדגש על נתונים אובייקטיבים, שכן אין לבסס את הקביעה אם ביחסי עורך דין לקוח עסקינן על סמך תחושותיהם הסובייקטיביות של הצדדים (לימור זר-גוטמן "ייצוג מול צד שכנגד Unrepresented – Lawyer Beware", דין ודברים 153, 160-165 (התשס"ה) (להלן: Zer-Gutman, representation against a gender-neutral party).
In general, in examining the full range of considerations that must be considered in order to discuss the question at hand, a number of auxiliary tests can be used, such as: Did the client contact the lawyer with a request to represent him?; Did the lawyer accept the representation of the person who approached him with a request to represent him; Did the applicant give the lawyer a power of attorney to handle a specific matter on his behalf; Was the lawyer paid a fee for his treatment of the person who approached him for legal services; Was a working meeting held between the lawyer and the applicant to receive his services, which detailed the applicant's requirements? (Levi's affair, p. 478; Zer-Gutman, Representation Against the Opposing Party, p. 160).
כמו כן, בע"א 2625/02 Nahum N. Dornbaum, פ"ד נח(3) 385 (2004)) נקבע כי ניתן להסתייע במבחנים נוספים כדוגמת; המידע שהועבר בין הצדדים; תקופה הזמן בה שררו היחסים בין הצדדים; מהי רמת האינטנסיביות של הקשר בין הצדדים; מהו סוג השירות הניתן או שנטען שהיה על עורך הדין ליתן ואם הפעולות שנעשו על ידי עורך הדין עבור הלקוח הינן בעלות תוכן משפטי (זר גוטמן, ייצוג מול צד שכנגד, עמ' 160).
It should be emphasized that the existence or absence of one of the signs detailed in the aforementioned ruling is not decisive as to the existence of an attorney-client relationship, and each case must be examined according to its circumstances.
כך למשל, בעניין תשלום שכר טרחה נפסק בע"א 2725/91 Heinowitz v. Giladi, פ"ד מח(3) 92 (1994), כי השתתפות בתשלום שכר טרחה אינה יוצרת כשלעצמה יחסי עורך דין-לקוח. ומנגד, בת"א 3060/00 (מחוזי ת"א) מלחי שלום נ' ש.י.י.א. יוזמות בע"מ (Published in Nevo, July 23, 2006) It was stated that even in the absence of payment of the lawyer's fee, the existence of such a relationship cannot be ruled out.
What is the advantage of creating an attorney-client relationship?
When a lawyer-client relationship is created, the client has one particularly notable and important advantage – He enjoys attorney-client privilege.Confidentiality means that the lawyer must keep secret what is told to him by the client (with exceptions).
It is important to understand that confidentiality belongs to the client. That is, the lawyer cannot waive confidentiality and reveal the information provided to him by the client.
On the other hand, the client may waive attorney-client privilege and allow his lawyer to share with others the information provided to him by the client.
Attorney-client confidentiality is extremely important because it allows the client to tell the lawyer all relevant information, without fearing that disclosing the information to the lawyer will harm him in any way. In a situation where the client is not afraid to disclose information and tells the lawyer all the data, the lawyer will be able to provide more correct and accurate legal services, and this will benefit the client.
In conclusion
An attorney-client relationship is created when the attorney takes on the task of handling a legal issue for someone who has contacted him. An attorney-client relationship can also be created without receiving a fee, and on the other hand, not everyone who has paid the attorney his fees automatically becomes his client.
Court rulings have established various tests that can help determine whether an attorney-client relationship exists. The test should be based on objective data and not subjective feelings.
If an attorney-client relationship exists, the client benefits from attorney-client privilege. This is a huge advantage because the client can disclose to their attorney information that they cannot necessarily disclose to other people. The client can waive attorney-client privilege.
