This column, written by Mark Hinderks, of Stinson LLP, focuses on ethics questions. The discussion here is based on the ABA Model Rules of Professional Conduct, but the Model Rules are often adopted in different and amended versions, and interpreted in different ways in various places. Always check the rules and authorities applicable in your relevant jurisdiction—the result may be completely different.

Question: Our firm is considering its processes for new clients and new matter acceptance and intake. Of course, in addition to analysis of conflicts, we’re looking at practical red flags about potential clients, such as whether there is a prior history of changing lawyers, whether the potential client is willing to provide a retainer, etc. But, from an ethics perspective, do we have any affirmative duty at the outset or during a representation to look deeper into the prospective client’s business activities and purpose in hiring us?

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