Representing clients who have more familiarity with the law and complex business issues is often a different experience than that of representing a client who is wholly unfamiliar with the law. Such sophisticated clients may wish to be more involved in the day-to-day decisions of their matter, or alternatively might not need as much hand-holding or explaining from their lawyers as other clients.

This difference raises a question—does a lawyer’s duty or the standard of care change in any way when representing a so-called sophisticated client? There are areas where courts will make this inquiry, such as in looking at conflict waivers and other parts of the lawyer-client engagement process. In addition, some courts also take into account a client’s sophistication when addressing disputes between the client and their lawyer.

A Client’s Sophistication May Play a Role at the Representation’s Start