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Case Citations [i] (Spring 2026)

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                            THE AMERICAN


                              LAW INSTITUTE



                                    Spring 2026 Citations



         THE LAw GOVERNING LAWYERS 3D



                   CHAPTER 2.   THE  CLIENT-LAWYER RELATIONSHIP

                TOPIC  1. CREATING A CLIENT-LAWYER RELATIONSHIP

§ 14. Formation of a Client-Lawyer Relationship

Ill.App.2024. Quot. in sup. Former treasurer of corporation, who was terminated following an
investigation by the Securities and Exchange Commission into corporation's international financial and
accounting practices, filed a claim for legal malpractice against corporation's in-house counsel. The trial
court granted in-house counsel's motion to dismiss. This court affirmed, holding that treasurer failed to
allege that in-house counsel had an attorney-client relationship with treasurer. The court looked to
Restatement Third of the Law Governing Lawyers § 14 in defining when an attorney-client relationship
arose, and explained that, while treasurer alleged that he believed that he could rely on in-house counsel
for representation during the investigation and that in-house counsel failed to notify treasurer that he was
only serving corporation in the investigation, treasurer did not allege that he sought legal advice from in-
house counsel or conveyed any confidences to him. Bohaboy v. Baxter International, Inc., 254 N.E.3d
947, 955.



   TOPIC  2. SUMMARY OF THE DUTIES UNDER A CLIENT-LAWYER RELATIONSHIP

§ 16. A Lawyer's Duties to a Client-In General

Conn.2025. Cit. in sup. Intended beneficiaries of testator's will filed claims for professional negligence
and breach of contract against attorney who prepared the will, alleging that attorney failed to advise
testator to change the beneficiary designation on his financial account to enable its assets to pass through
his estate in accordance with his will. The trial court granted attorney's motions to dismiss, finding that
he was not liable to beneficiaries under Connecticut law, because they did not allege that he erred in
drafting the will. This court reversed in part and remanded, holding that attorney did not have a duty to
ensure that testator changed the beneficiary designations on his account to reflect his wishes in the will.
The court noted that it had not found that an attorney, after providing proper advice to a client, had a

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