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ABA Issues New Ethics Opinion on Obligations to Prospective Clients

Posted By Danielle M. Hall, Tuesday, June 16, 2020
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Last week, on June 9, 2020, the American Bar Association issued Formal Opinion 492 discussing a lawyer’s obligations to prospective clients. The opinion clarifies the duty of confidentiality owed to a prospective client and discusses Model Rule 1.18 to provide guidance on what constitutes a conflict of interest based upon the information received from the prospective client.  Specifically the opinion addresses, “the types of information that could give rise to such disqualifying conflicts, what the prospective client should be asked to demonstrate in support of a claim that the lawyer has a conflict of interest in a subsequent matter, what precautions the lawyer and the lawyer’s firm might take to avoid receiving disqualifying information during an initial consultation with a prospective client, and how to minimize the consequences of receiving such information.”

 

To view the full opinion go to:  https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/aba-formal-opinion-492.pdf.

 

All recent ABA ethics opinions are available for viewing, regardless of one’s membership status.

 

To see recent opinions visit:  https://www.americanbar.org/groups/professional_responsibility/publications/ethics_opinions/.

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Tags:  ABA Opinion 492  Author: Danielle M. Hall  conflicts  Model Rule 1.18  obligations to prospective clients 

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