CLIENT-LAWYER RELATIONSHIP
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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