Credit: phloxii/Adobe Stock Communications With Prospective Clients Carry Disqualification Risks
Attorneys need to exercise some degree of caution in initial client consultations, or face the risk of a disqualification motion if the attorney is engaged on behalf of another party in a related matter.
June 23, 2023 at 12:53 PM
9 minute read
Analysis
In almost every state, attorneys have ethical duties to prospective clients who consult with them about a potential case, even if no attorney-client relationship ever ensues. New York Rule of Professional Conduct 1.18 forbids attorneys from "representing a client with interests materially adverse to those of a prospective client in the same or a substantially related matter," but only if "the lawyer received information from the prospective client that could be significantly harmful to that person in the matter." See N.Y. R. Prof'l Conduct 1.18(c). As a result, attorneys need to exercise some degree of caution in initial client consultations, or face the risk of a disqualification motion if the attorney is engaged on behalf of another party in a related matter.
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