A LAWYERS DUTIES TO PROSPECTIVE CLIENT

A person who discusses with a lawyer the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client. 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. A lawyer 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. 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. When the lawyer has received disqualifying information, representation is permissible if:

• both the affected client and the prospective client have given informed consent, confirmed in writing, or:
• the lawyer who received the information took reasonable measures to avoid exposure to more disqualifying information than was reasonably necessary to determine whether to represent the prospective client; and

The disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom; and written notice is promptly given to the prospective client.