Model Rule 1.18 concerns duties to prospective clients. What is the core idea?

• A. Protecting information obtained from prospective clients and addressing conflicts if representation is pursued or avoided
• B. Automatically forming an attorney-client relationship upon contact
• C. Revealing prospective client information to third parties
• D. Ignoring conflicts arising from prospective client contacts

Answer: (A)

The main idea is that Model Rule 1.18 governs duties to someone who discusses possible representation with a lawyer. If a person talks to a lawyer as a prospective client, any information they share must be kept confidential, and the lawyer must manage potential conflicts of interest that could arise if the lawyer later represents someone else or decides not to represent the prospective client. The rule also makes clear that simply having a discussion does not automatically create an attorney-client relationship, but the information learned during that discussion is protected and must not be used to the prospective client’s disadvantage if representation is pursued or avoided. This is why protecting the information and addressing conflicts are the key obligations. Revealing information to third parties would violate confidentiality, and ignoring conflicts would misapply the rule; neither aligns with the duties imposed on lawyers in this context.