Restatement of the Law Governing Lawyers (ALI, 2000)
§ 15. A Lawyer’s Duties to a Prospective Client
(1) When a person discusses with a lawyer the possibility of their forming a client-lawyer relationship for a matter and no such relationship ensues, the lawyer must:
(a) Not subsequently use or disclose confidential information learned in the consultation, except to the extent permitted with respect to confidential information of a client or former client as stated in §§ 61-67;
(b) Protect the person’s property in the lawyer’s custody as stated in §§ 44-46; and
(c) Use reasonable care to the extent the lawyer provides the person legal services.
(2) A lawyer subject to Subsection (1) may not represent a client whose interests are materially adverse to those of a former prospective client in the
same or a substantially related matter when the lawyer or another lawyer whose disqualification is imputed to the lawyer under §§ 123 and 124 has received from the prospective client confidential information that could be significantly harmful to the prospective client in the matter, except that such a representation is permissible if:
(a) (i) any personally prohibited lawyer takes reasonable steps to avoid exposure to confidential information other than information appropriate to determine whether to represent the prospective client, and (ii) such lawyer is screened as stated in § 124(2)(b) and (c); or
(b) both the affected client and the prospective client give informed consent to the representation under the limitations and conditions provided under § 122.
Editors Note: To see each of the RLGL sections mentioned here, just scroll up to the next days.
Tagged with: Prospective Clients, Restatement of the Law Governing Lawyers
Posted in: Prospective Clients, Restatement of the Law Governing Lawyers