Mark Hinderks of Stinson LLP. Courtesy photo

Dear Ethics Lawyer

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: I received a lengthy email today from a person named Monica Smith, whom I do not know and with whom I have had no prior contact. The email states that she read my practice description, experience and bio on our firm's website and believes that she has a matter for which I would be a good fit as her lawyer. She then goes on to describe in detail the facts of her matter, including what appear to be both strengths and weaknesses, and requests that I contact her for a meeting to discuss representation.

I ran a conflict check and learned that the entity that would be adverse to Smith is a significant client of the firm, and therefore I could not accept an engagement for the matter. Now I am concerned about the information that she sent me. By receiving from her what appears to be material confidential information in response to marketing information on our website, do I or my firm now have any duties to her, including any possibility of a conflict that would preclude our representation of the adverse party (our existing client) in her matter? On the other hand, can or should we share that unsolicited information with our existing client? Our website has a disclaimer that says that we undertake no duties of representation or confidentiality in the absence of an agreement, and that prospective clients should not send us any confidential information without our agreement. Does this help?