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How do laws of ethics apply to conflict of interest for consultation purposes? If Alice who is potentially involved in a lawsuit consults with an attorney and discloses confidential information to the attorney but initially hasn't hired that attorney to represent her. But later, Bob, the opposing party, who is potentially involved in the same lawsuit, consulted the same attorney, then does conflict of interest exist here?

What if later the Bob officially hires the attorney before Alice does, then can that attorney use the confidential information that Alice has disclosed against her in a lawsuit that Bob has filed against her?

How about vice versa?

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    Look into "conflicting out", especially in terms of divorce attorneys.
    – Dean MacGregor
    Commented Sep 4 at 16:25

2 Answers 2

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A lawyer's duty of confidentiality extends to prospective clients (American Bar Association Model Rule 1.18(b)).

A laywer who has learned information from a prospective client

shall not represent a client with interests materially adverse to those of a prospective client in the same or a substantially related matter if the lawyer received information from the prospective client that could be significantly harmful to that person in the matter

except with the informed consent in writing from both the affected client and the prospective client (Model Rule 1.18(c) & (d)).

The above model rules from the American Bar Association have been adopted in almost all states.

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  • Do you know how long does the effect of "shall not represent a client with interests materially adverse to those of a prospective client in the same or a substantially related matter if the lawyer received information from the prospective client that could be significantly harmful to that person in the matter" last?
    – HelloDarkWorld
    Commented Sep 4 at 19:40
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    @HelloDarkWorld there is no termination of the effect (just as in the 1.9 rule about former clients) - the effect lasts as long as any 'materially adverse interests' exist, potentially forever.
    – Peteris
    Commented Sep 4 at 19:56
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The ethical rules of confidentiality apply to prospective clients, active clients and former clients in slightly different ways.

No, the attorney that was considered but not engaged may not use that information to help a future actual client. In fact, they may not represent Bob at all. It is possible the firm can represent Bob with the specific attorney walked off.

The ABA rule -

(a) A person who discusses with a lawyer the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client.

(b) Even when no client-lawyer relationship ensues, a lawyer who has had discussions with a prospective client shall not use or reveal information learned in the consultation, except as Rule 1.9 would permit with respect to information of a former client.

(c) A lawyer subject to paragraph (b) shall not represent a client with interests materially adverse to those of a prospective client in the same or a substantially related matter if the lawyer received information from the prospective client that could be significantly harmful to that person in the matter, except as provided in paragraph (d). If a lawyer is disqualified from representation under this paragraph, no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in such a matter, except as provided in paragraph (d).

(d) When the lawyer has received disqualifying information as defined in paragraph (c), representation is permissible if:

(1) both the affected client and the prospective client have given informed consent, confirmed in writing, or:

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  • Do you know how long does the effect of "shall not represent a client with interests materially adverse to those of a prospective client in the same or a substantially related matter if the lawyer received information from the prospective client that could be significantly harmful to that person in the matter" last?
    – HelloDarkWorld
    Commented Sep 4 at 19:40
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    I don’t see a time limit in the text or in logic.
    – George White
    Commented Sep 4 at 21:00

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