Multistate Professional Responsibility Exam Practice Question
Rita meets with Attorney Caldwell about a breach claim against her supplier and reveals information about pricing and prior dealings. Caldwell decides not to represent her. Later, the supplier approaches Caldwell, asking him to handle a dispute involving Rita. Which course of action is appropriate?
Caldwell can accept representation because his meeting with Rita was brief and there was no engagement agreement.
Caldwell should refuse representation due to Rita's disclosure of information, without assessing how extensive that information was.
Caldwell can accept representation provided the matter is screened appropriately and Rita grants consent based on clear disclosures.
A lawyer who learns protected information from a prospective client cannot use that information to the client’s disadvantage in the same or a substantially related matter. If Caldwell received specifics that pose a conflict, informed consent or another safeguard is needed before accepting representation. Simply accepting representation without regard to Rita’s disclosures fails to account for the conflict. An outright ban is too extreme because screening or obtaining Rita’s permission could address the concerns.
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