Last week we discussed what duties are owed to someone who qualifies as a prospective client pursuant to new Rule 1.18. This week we will discuss what Rule 1.18 and its comments say about when a lawyer can go forward with a representation adverse to the prospective client even if the lawyer receives disqualifying information from the prospective client.

Per Rule 1.18(c), if a lawyer receives information from a prospective client that could be “significantly harmful” to that prospective client, then that lawyer has received “disqualifying information,” and neither the lawyer nor anyone else in that lawyer’s firm is permitted to represent a client with interests materially adverse to the prospective client in the same or substantially related matter. To be clear, though, a representation adverse to a prospective client is only prohibited if the lawyer received information that could be “significantly harmful” if used in the matter.…