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Family Law Legal Practice Management Litigation

'Potential Client' Conflict Issues

Continuing the discussion of matrimonial client "conflict checks" — the exercise attorneys must go through with each new potential client, to make sure that the representation will not conflict with work the attorney is doing or has done for a current or former client.

Part Two of a Three-Part Article

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Editor’s Note: In last month’s newsletter, the author began discussion of matrimonial client “conflict checks” — the exercise attorneys must go through with each new potential client, to make sure that the representation will not conflict with work the attorney is doing or has done for a current or former client. But the inquiry does not generally stop there, because Model Rule of Professional Conduct 1.18 makes clear that a lawyer can be conflicted out of a case due to contact with a former potential client, whom the attorney never represented but who consulted with the attorney or otherwise had significant contact him or her. It helps attorneys attempting to comply with Rule 1.18 to know how courts and disciplinary authorities have applied it. Here, the author continues his discussion of those subjects the Model Rule does not cover.

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