Denver Tramway Co. v. Owens
Supreme Court of Colorado
36 P. 848 (1894)
Owens (plaintiff) consulted lawyer Mead for professional advice shortly after being injured in a cable car accident involving Denver Tramway (defendant), though the two had no prior or subsequent attorney-client relationship, no fee was charged or paid, and no agreement resulted from the consultation; when Tramway's counsel asked Mead whether Owens's trial testimony differed from what she told him in that consultation, the trial court sustained Owens's privilege objection, and Tramway appealed after losing at trial.
Whether the privileged attorney-client relationship is established when a person consults with a lawyer, in the lawyer's professional capacity, and the lawyer permits or acquiesces in the consultation.