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Ethics/Professional Responsibility

Mar. 9, 2022

What Obligations Does a Lawyer Owe to Someone the Lawyer Never Represented

See more on What Obligations Does a Lawyer Owe to Someone the Lawyer Never Represented

Although most lawyers are familiar with the duties owed to current or past clients, many are not aware of duties owed to prospective clients. Fortunately, the State Bar recently issued a formal opinion addressing the issue.

Jessica MacGregor

Partner
Long & Levit LLP

Email: jmacgregor@longlevit.com

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John B. Sullivan

Partner
Long & Levit LLP

Email: jsullivan@longlevit.com

John handles professional liability cases, attorney fee disputes, partnership disputes, and state bar disciplinary matters. He also serves as the Chair of BASF's Legal Malpractice Section.

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David McMonigle

Partner
Long & Levit LLP

Email: dmcmonigle@longlevit.com

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California Rule of Professional Conduct 1.18, adopted in 2019, makes clear lawyers may owe certain duties to a prospective client. Failure to comply with the rule could lead to disqualification, liability claims, or State Bar discipline. Although most lawyers are familiar with the duties owed to current or past clients, many are not aware of duties owed to prospective clients. Fortunately, the State Bar of California Standing Committee on Professional Responsibility a...

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