Attys Shouldn't Overlook Obligations To Potential Clients

By Sarah Sweeney and Thomas Wilkinson (August 18, 2020, 5:41 PM EDT) -- The American Bar Association's Standing Committee on Ethics and Professional Responsibility recently issued Formal Opinion 492,[1] in which the committee offers helpful guidance on navigating the duties to prospective clients under the ABA's Model Rule of Professional Conduct 1.18.

Attorneys and conflict avoidance software alike tend to focus on conflicts of interest with current and former clients, and may disregard the risks associated with prospective clients with whom an attorney-client relationship is ultimately never formed.

The opinion serves as an important reminder to attorneys that prospective clients are indeed owed certain duties, and that even a short consultation that does not...

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