A client came to my office on a domestic case and we met for an hour. The client then chose to hire someone else. Can my firm represent the spouse of that client?
The specific conflict-of-interest rule at issue is Rule of Professional Conduct 1.18, titled “Duties to Prospective Clients.” This rule is relatively new. It was adopted to some extent because of pressure from the family and domestic lawyers who were faced with situations where a client would lawyer-shop for the purpose of disqualifying all competent domestic lawyers in a particular town or area. As a result, under Rule 1.18, a prospective client can still cause disqualification of a lawyer or the lawyer’s firm under certain circumstances. But Rule 1.18 has loosened the prohibition.
