Virtual Clients: An Idea in Search of a Theory (with Limits)

51 Pages Posted: 16 Mar 2008

See all articles by Stephen Gillers

Stephen Gillers

New York University School of Law

Abstract

Lawyers owe professional obligations to clients and it is usually pretty easy to identify a lawyer's clients, but it is getting more difficult. In recent decades, courts have recognized duties to individuals or entities who are in no sense traditional clients. These duties might lead to liability or disqualification from a matter. This Article, which was given as the Tabor Lecture at Valparaiso University School of Law, identifies seven categories of "virtual clients" and tries to define each category, the justifications for it, and the consequences of virtual client status. It distinguishes other circumstances in which a lawyer may have duties to third parties. The Article cautions against the risks to the traditional attorney-client relationship and the availability of counsel if the virtual client categories are too casually employed.

Suggested Citation

Gillers, Stephen, Virtual Clients: An Idea in Search of a Theory (with Limits). Valparaiso University Law Review, Vol. 42, pp. 797-847, 2008, Available at SSRN: https://ssrn.com/abstract=1105771

Stephen Gillers (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

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