Rene DiBenedetto v. Timothy Devereux

I respectfully dissent from the majority’s affirmance of summary judgment in Devereux’s favor. The majority assumes, without deciding, that an attorney-client relationship existed between Dever-eux and DiBenedetto, who had dealt solely with Conour until the summer of 2011. I agree with this assumption, but it is important to note that “[c]reation of an attorney-client relationship is not dependent upon the formal signing of an employment agreement or upon the payment of attorney fees. An attorney-client relationship need not be express, but may be implied by the conduct of the parties.”…