If it's hard to predict when a court will consider someone your client, how do you protect yourself from the risk of liability or discipline when transacting business with someone? Some of the factors a court will consider in this context are listed below. Of these variables, choose the variable that: you could have most easily changed when transacting business with Roberto and would have most dramatically minimized the risk of any liability or discipline. The conduct of the client in the transaction in question, in particular any confidential information provided. The sophistication of the client. The nature of the transaction itself; particularly, the extent to which the transaction offered to attorney was one the client offered to others. The conduct of the attorney in the transaction, including the provision of any legal advice