Prospective Client Intake: Learn Enough, But Not Too Much
Pullman & Comley Litigation attorneys Dana M. Hrelic and Marcy Tench Stovall explore the ethical considerations and challenges that arise when a lawyer meets with a prospective client who ultimately does not engage the lawyer’s services in an article published in the July/August issue of CT Lawyer. They examine the duties a lawyer owes to such prospective clients, particularly in terms of maintaining the confidentiality of the information shared during the initial consultation. According to Rule 1.18 of the ABA Model Rules of Professional Conduct, while the lawyer is not bound by the full range of obligations owed to an actual client, they still must protect the prospective client's information from being disclosed or used to their disadvantage.
Dana and Marcy delve into the potential conflicts of interest that could emerge if the lawyer or their firm later represents a client whose interests are adverse to those of the prospective client. They emphasize the importance of carefully managing the intake process to avoid obtaining more information than necessary, thereby minimizing the risk of disqualification from future representations; and underscore that handling prospective client interactions with care is crucial to maintaining ethical standards and ensuring that the lawyer’s firm can continue to take on new clients without complications.