Also known as: prospective client · potential clients · future clients
Written by attorneys · grounded in primary & secondary sources — see below
A person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter. Even when no relationship forms, the lawyer owes duties of confidentiality and may face disqualification from representing clients with materially adverse interests in the same or substantially related matters if the lawyer received significantly harmful information.
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Paula Pierce meets with lawyer Evan to discuss suing a neighbor over a boundary dispute. During the meeting Paula reveals she plans to use the lawsuit to pressure the neighbor into selling property below market value through fabricated evidence. Evan realizes Paula seeks to further a fraud and declines representation after discussing the limits on assistance.
Peter Park consults lawyer Nora about a potential personal injury claim and receives advice on filing deadlines. Nora agrees to evaluate the claim further but takes no action and never warns Peter about the approaching statute of limitations. The claim expires and Peter sues Nora for malpractice based on the initial consultation.
Paige Porter schedules a meeting with lawyer Theo to explore filing a contract claim against a supplier. She describes the facts and asks about possible recovery. Theo listens and provides preliminary thoughts on the claim's viability before deciding whether to accept the matter.
Perry Pratt consults lawyer Dana about a potential employment dispute and discloses internal company documents showing discrimination. Dana declines the representation. Later Dana's firm is asked to represent the company in a related matter. Dana cannot use or reveal the information Perry shared.
Preston Pratt consults lawyer Lena about a product liability claim against a manufacturer and shares details of the product's design defect. Lena declines the case. Months later Lena's firm is asked to defend the manufacturer in a substantially related suit brought by another plaintiff. Lena cannot accept the defense because the information could be significantly harmful to Preston.
A person becomes a prospective client by consulting a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter. The consultation triggers duties even if no formal retainer follows.
A lawyer who learns information from a prospective client must not use or reveal that information even when no client-lawyer relationship forms. The protection mirrors the rule for former clients under Rule 1.9.
Disqualification occurs when the lawyer received information from the prospective client that could be significantly harmful in the same or a substantially related matter. The rule prevents representation unless an exception under paragraph (d) applies.
Yes. An attorney-client relationship and attendant duties including the duty of care can arise from an initial consultation where the lawyer gives legal advice and the prospective client reasonably relies on it. Failure to follow up on a claim can lead to malpractice liability.
A lawyer must decline or withdraw if the prospective client seeks to use the lawyer's services to commit or further a crime or fraud after the lawyer discusses the limitations on assistance under Rules 1.2(d) and 1.4(a)(5).