Do confidentiality rules extend to information about prospective clients who consult with a lawyer but do not hire them?

• A. No; confidentiality applies only after hiring.
• B. Yes; information obtained from prospective clients is generally protected.
• C. Yes, but only for communications in writing.
• D. No; prospective clients have no confidentiality protections.

Answer: (B)

Information shared with a lawyer during the initial discussion about potential representation is protected, even if the person never becomes a client. The duty of confidentiality covers what a prospective client reveals in that consult, because the aim is to encourage open and honest screening of a legal issue without fear that what’s said will later be disclosed or used against them.

This protection comes from the rules governing prospective clients, which treat the information learned during the consultation as confidential. The result is that the attorney cannot disclose or use that information in a way that could harm the prospective client, and it can affect whether the lawyer can represent someone else on a related matter if the information could be significantly harmful to the prospective client. In practice, if later a conflict arises with an adverse party in the same or a substantially related matter, the lawyer may need to avoid representation or obtain informed consent to proceed, often with screening to prevent improper use of the information.