Brownstein Hyatt Farber Schreck Issues Client Alert on Attorney-Client Relationship Risks
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A new communication from Brownstein Hyatt Farber Schreck emphasizes the importance of establishing a formal attorney-client relationship before sharing confidential information.
A client alert released by Brownstein Hyatt Farber Schreck on December 10, 2025, serves as a critical reminder to potential clients regarding the implications of communicating with a law firm prior to formal representation. The alert underscores that simply sending an email does not automatically establish an attorney-client relationship, and premature disclosure of sensitive information could jeopardize its protection.
Understanding the Risks of Informal Communication
The firm’s advisory highlights a significant risk for individuals or entities seeking legal counsel. According to the alert, the mere act of sending and receiving an email – or any other form of communication – does not inherently create a legally protected relationship. This is particularly crucial for those who are not already established clients of the firm.
“If you are not already a client, you should not provide us with information that you wish to have treated as privileged or confidential without first speaking to one of our lawyers,” the alert states. This warning is designed to protect both the potential client and the firm, clarifying the boundaries of confidentiality.
The Importance of Formal Representation
The alert explicitly cautions against sharing information intended to be privileged or confidential before a lawyer confirms representation. Without that confirmation, the firm may not be obligated to treat the information as protected. Furthermore, a potentially adverse outcome is highlighted: the firm could potentially represent a party opposing the sender and even utilize the submitted information against them.
This scenario underscores the necessity of a clear agreement regarding representation. A senior official stated, “Establishing a formal relationship is paramount to ensuring your information remains secure and protected under the law.”
Steps to Protect Confidentiality
The alert’s core message is a call to action: engage in a preliminary conversation with a Brownstein Hyatt Farber Schreck attorney before disclosing any sensitive details. This initial consultation will allow the firm to assess the potential case and, if agreeable, formally establish an attorney-client relationship.
The alert concludes with confirmation that an individual has acknowledged understanding these terms and wishes to proceed with sending an email. This acknowledgement serves as a record of awareness, though it does not itself create the protected relationship.
This advisory from Brownstein Hyatt Farber Schreck serves as a valuable lesson for anyone considering seeking legal representation: prioritize establishing a formal relationship before sharing confidential information to safeguard your legal rights and interests.