Multistate Professional Responsibility Exam Practice Question
Sasha, an attorney, meets with Jordan to discuss a possible real-estate lawsuit. During the meeting, Jordan shares detailed financial strategies that would disadvantage Jordan if revealed. No engagement agreement is signed, and Jordan takes no further action. One month later, the opposing party in the same dispute asks Sasha to represent it against Jordan. Under the ABA Model Rules, what is Sasha permitted to do?
Sasha may proceed because no attorney-client relationship was ever formed.
Sasha must decline the representation unless both Jordan and the new client provide informed, written consent.
Sasha's firm may take the case with only the new client's consent, even if Sasha continues to work on it.
Sasha can represent the new client so long as she discloses Jordan's information to all parties.
Under Model Rule 1.18(b)-(c), Sasha owes Jordan a duty not to use or reveal the information learned in the consultation and shall not represent a client whose interests are materially adverse to Jordan in the same matter if the information "could be significantly harmful" to Jordan. Representation is possible only if both Jordan and the new client give informed consent, confirmed in writing (Rule 1.18(d)(1)). Disclosure alone or the mere absence of a formal attorney-client relationship does not cure the conflict, and Sasha cannot remain on the matter if only her firm erects a screen without Jordan's consent.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What are the obligations an attorney has toward a prospective client?
Open an interactive chat with Bash
What does it mean for information to be significantly harmful?
Open an interactive chat with Bash
What are the key differences between representation of a prospective client and an existing client?