Shari Klevens (left) and Alanna Clair of Dentons. (Courtesy photos) When Does a Client Consultation Constitute a Conflict?
This Monday's In Practice column discusses the limitations of Rule 1.18, as well as some tips for lawyers in how to navigate the resolution of any conflicts with potential clients.
March 25, 2024 at 12:11 PM
6 minute read
Most law firms need new clients to grow their business. As part of a new client intake meeting, a lawyer may ask questions of the potential client to ascertain whether the new representation could create a conflict of interest with any of the lawyer's current or former clients. But even if the prospective client does not choose that lawyer for the representation, there can still be a risk of a conflict if the lawyer then gets involved in the same or a substantially related matter.
Rule 1.18 of the Georgia Rules of Professional Conduct provides that where a lawyer has received information from a prospective client "that could be significantly harmful to that person in the matter," the lawyer is prohibited from representing another client who is adverse to the prospective client in the same or a substantially related matter. This restriction can come as a surprise to some lawyers, who may believe that there is no risk of a conflict as long as no attorney-client relationship is formed.
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