Attorney Miller is approached by Ms. Garcia for representation in a divorce proceeding. During their initial consultation, Ms. Garcia discloses highly sensitive financial information and her strategic goals for asset division. After the consultation, Ms. Garcia decides not to retain Attorney Miller, citing a preference for a lawyer closer to her home. A few months later, Ms. Garcia's estranged husband, Mr. Rodriguez, contacts Attorney Miller seeking representation in the same divorce proceeding. Is Attorney Miller permitted to represent Mr. Rodriguez?
- AYes, provided Attorney Miller obtains Mr. Rodriguez's informed consent to use the information obtained from Ms. Garcia.
- BYes, because Ms. Garcia did not become a client, so no attorney-client relationship was formed.
- CNo, but only if Ms. Garcia specifically requested Attorney Miller to not represent her husband during the initial consultation.
- DNo, because Attorney Miller acquired disqualifying information from Ms. Garcia, a prospective client, that could be significantly harmful to her in the matter.
Show answer & explanationAnswer & explanation
Correct answer: D. No, because Attorney Miller acquired disqualifying information from Ms. Garcia, a prospective client, that could be significantly harmful to her in the matter.
Attorney Miller acquired confidential information from Ms. Garcia as a prospective client. This information, if used on behalf of Mr. Rodriguez, would be significantly harmful to Ms. Garcia in the same or a substantially related matter, thus disqualifying Attorney Miller from representing Mr. Rodriguez.
Why the other options are wrong
- A. Mr. Rodriguez's consent is irrelevant here; the conflict arises from the duty to the prospective client, Ms. Garcia.
- B. The duties to prospective clients apply even if no attorney-client relationship is formed.
- C. The duty arises from the information received, not from a specific request from the prospective client.
Duties to Prospective Clients
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 (Duties to Former Clients) would permit. A lawyer also 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.
- Applies even if no attorney-client relationship is formed.
- Protects confidential information learned during initial consultation.
- Disqualification occurs if information could be significantly harmful.
Memory trick: A quick chat means lasting confidentiality and potential conflict for related cases.