Arabzadegan v. State
In Arabzadegan v. State, 240 S.W.3d 44 (Tex. App.--Austin 2007, pet. ref'd), the court considered whether the defendant had an attorney-client relationship with his attorney at the time he waived his rights and consented to give a statement. Arabzadegan, 240 S.W.3d at 49.
The court noted that the defendant was unaware of the attorney's existence or the fact that the attorney planned to offer his services. Although the attorney made an unsuccessful attempt to meet with the defendant, he was unable to do so until after the defendant had confessed. Id. at 46, 53.
Concluding that there was no attorney-client relationship before the confession, the court observed that "to establish an attorney-client relationship, the parties must explicitly or by their conduct manifest an intent to create it." Id. at 49-50.