Court & LawProspective Clients (Rule 1.18)
Twenty flashcards on who counts as a prospective client and what a lawyer may not use or reveal, under Virginia Rule 1.18.
Free to start20 cards
- Who is a prospective client under Rule 1.18(a)?
- A person who discusses with a lawyer the possibility of forming a client-lawyer relationship about a matter.
- If no representation follows, what may the lawyer not do with what was learned?
- Use or reveal it, except as Rule 1.9 would allow for information of a former client.
- When does Rule 1.18(c) bar the lawyer from acting against a prospective client?
- In the same or a substantially related matter, if the lawyer received information that could be significantly harmful to that person.
- If one lawyer is disqualified under 1.18(c), what about the rest of the firm?
- No lawyer in the firm may knowingly take or continue the matter, unless paragraph (d) applies.
- What is the first way paragraph (d) allows the representation?
- Both the affected client and the prospective client give informed consent, confirmed in writing.
- Under (d)(2), what must the consulted lawyer have done during the first talk?
- Taken reasonable steps to avoid hearing more disqualifying information than needed to decide whether to take the case.
- What screening does (d)(2)(i) require?
- The disqualified lawyer is timely screened from the matter and gets no part of its fee.
- What notice does (d)(2)(ii) require?
- Prompt written notice to the prospective client with a general description of the subject and the screening procedures used.
- What can a prospective client do, just like a client (Comment 1)?
- Share information, leave documents or property with the lawyer, or rely on the lawyer's advice.
- How much protection does a prospective client get compared with a client?
- Some, but not all, of the protection given to clients.
- Who is not a prospective client (Comment 2)?
- Someone who sends information on their own, with no reasonable expectation that the lawyer is willing to discuss taking the case.
- Why does the lawyer often need information in the first consultation?
- To check for a conflict of interest with an existing client and decide whether to take the matter.
- Does a very short first meeting remove the duty of confidentiality?
- No. The duty exists however brief the initial conference was.
- How should the lawyer limit the first interview (Comment 4)?
- To only the information that reasonably appears necessary to decide whether to take the matter.
- What should the lawyer do if the information shows a conflict?
- Tell the prospective client so, or decline the representation.
- What condition may a lawyer set before talking with a prospective client (Comment 5)?
- Informed consent that nothing shared will stop the lawyer from representing a different client in the matter.
- Without such an agreement, when is acting against the prospective client still allowed?
- When the lawyer received no information that could be significantly harmful if used in the matter.
- May a screened lawyer still receive a salary or partnership share?
- Yes, if set by a prior independent agreement, but no pay tied directly to that matter.
- When should the screening notice be given (Comment 8)?
- As soon as practicable after the need for screening becomes apparent.
- Which rule applies if a prospective client leaves valuables or papers with the lawyer?
- Rule 1.15.
Official sources
Virginia Rules of Professional Conduct (Rules 1.4, 1.18 and 2.1)
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