A client had called and discussed a potential case with me but chose not to hire me. The other side of the case has now called me. Can I represent the other side?
This question requires a discussion of Rule of Professional Conduct 1.18, titled “Duties to Prospective Clients,” a relatively recent addition to the rules. It was drafted, at least to some extent, at the request of the domestic bar because of the tendency of some spouses to shop around with all the lawyers in town before hiring someone and then raising disqualification when the other lawyer appeared representing the other spouse.
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