Rule 1.18
Duties To Prospective Client
(a) A person
who discusses with a lawyer the possibility of forming a client-lawyer
relationship with respect to a matter is a prospective client.
(b) Even when
no client-lawyer relationship ensues, a lawyer who has had discussions
with a prospective client shall not use or reveal information learned in
the consultation, except as Rule 1.9 would permit with respect to
information of a former client.
(c) A lawyer
subject to paragraph (b) shall not represent a client with interests
materially adverse to those of a prospective client in the same or a
substantially related matter if the lawyer received information from the
prospective client that could be significantly harmful to that person in
the matter, except as provided in paragraph (d). If a lawyer is
disqualified from representation under this paragraph, no lawyer in a
firm with which that lawyer is associated may knowingly undertake or
continue representation in such a matter, except as provided in
paragraph (d).
(d) When the
lawyer has received disqualifying information as defined in paragraph
(c), representation is permissible if:
(1) both the
affected client and the prospective client have given
informed consent,
confirmed in writing, or:
(2) the lawyer
who received the information took reasonable measures to avoid exposure
to more disqualifying information than was reasonably necessary to
determine whether to represent the prospective client; and
(i) the
disqualified lawyer is timely
screened from any participation in the
matter and is apportioned no part of the fee therefrom; and
(ii) written notice is
promptly given to the prospective client.
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