Certified Legal Professional (CLP) Practice Exam

Can an attorney use information from a prospective client against them if there was never a formal attorney-client relationship?

1. Yes, because there is no relationship established

2. No, because the homeowner was still considered a prospective client

3. Yes, as long as the information was not crucial to the case

4. No, because ethical obligations extend to prospective clients

The correct answer is: No, because the homeowner was still considered a prospective client

The assertion that an attorney cannot use information from a prospective client against them, despite the absence of a formal attorney-client relationship, is grounded in ethical obligations that govern the legal profession. Attorneys are required to adhere to standards that promote fairness and integrity, which include obligations to protect the confidentiality of information disclosed even in informal consultations. When a prospective client seeks legal advice, they are typically sharing sensitive information in the context of seeking help. This establishes an expectation of confidentiality, regardless of whether a formal relationship has been established. The legal ethics rules recognize that this information should be treated with the same care as that of an established client relationship. This principle is rooted in the understanding that clients, or prospective clients, need to feel secure in discussing their matter with an attorney, knowing that it will remain confidential. Breaching this trust by using such information against a former prospective client could not only be harmful to the individual but could also damage the integrity of the legal profession as a whole. In summary, regardless of whether a formal relationship exists, attorneys have an ethical responsibility to respect the confidentiality of information shared by prospective clients, which creates a barrier against using that information adversely.