Prospective Clients

When a lawyer consults with a prospective client, they must keep any information shared confidential, even if the client does not hire them. If the information is materially harmful to the prospective client, the lawyer's firm may need to be disqualified unless they implement screening measures and notify the prospective client.

An attorney meets with a potential client who shares sensitive information about a pending lawsuit. The attorney decides not to take the case but later, a colleague in the same firm takes on a similar case that uses the information shared. Since the information was materially harmful, the firm must implement screening and notify the prospective client to avoid disqualification.

Consultation equals confidentiality, but harm triggers disqualification unless you screen!

Exams may present scenarios where students overlook the need for screening or fail to recognize what constitutes materially harmful information, leading to incorrect conclusions about disqualification.

Questions often involve a fact pattern where a prospective client shares sensitive information, and students must determine if disqualification is necessary based on the material harm standard and whether proper screening was implemented.