ER 1.18 Duties to Prospective Clients

The Standard

People who consult with lawyers may become “prospective clients” to whom the duty to protect and not use confidential information extends, even if the person does not become a client.

The Limitation

This only applies to “prospective clients” and disqualification is not automatic. The lawyer must have received “significantly harmful” information before disqualification is required and the lawyer may be able to screen himself of herself off the matter.

FAQs

My law firm webpage uses a chatbot to invite people to provide information to see if we can assist them. Are people who chat with our chatbot “prospective clients”?

Husband met with our intake paralegal. I asked Husband to send me documents and sent him our fee agreement. He sent the documents, but didn’t sign with our firm. Is he a “prospective client”?

The Wife of Husband from the fact pattern above now called our office to have a consultation. Can we represent her since he didn’t sign up with us?

Is there a way to consult with a person but avoid creating a “prospective client”?

During an intake, I provided initial legal advice, then sent the person our fee agreement. She returned the signed agreement and paid us an advance deposit the next day. When did she become my client?

I consulted with a victim about a civil claim arising from a crime. She explained the events and gave me medical records. She didn’t hire us. Later, the alleged perpetrator called seeking counsel in the criminal case. Can I take the case?

This page is managed by Patricia Seguin

ER 1.18 Duties to Prospective Clients

The Standard

The Limitation

FAQs

Best Practices

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