[textbook]Traversing the Ethical Minefield Problems, Law, and Professional Responsibility by Susan R. Martyn (z-lib.org)(1) (1)

Chapter 11
Conflicts of Interest: Former, Prospective, Imputed, and
Government Clients
When a client-lawyer relationship ends, a lawyer’s obligations of control, communication,
and competence generally end as well. The lawyer’s obligation of confidentiality continues
unabated, however, which results in some continuing obligation of loyalty, requiring
conflicts resolution to former clients. Similar confidentiality obligations attach to
prospective client consultations. These confidentiality obligations are summarized in the
following chart.
Whether we are addressing a fiduciary duty or a privilege, confidentiality extends to
information received from prospective clients and current clients, and continues after the
representation ends. Prospective clients repose trust in and must disclose some information
to lawyers to determine whether to retain lawyers. The law governing lawyers cloaks this
information with the same confidentiality protection that current clients receive. The same
protection extends post representation to former clients, even beyond the client’s death. If a
lawyer decides not to represent a prospective client, that person or entity becomes
essentially a “former client” for purposes of the confidentiality rules. Unlike concurrent and
specific conflicts regulated by Model Rules 1.7 and 1.8, former client and prospective client
334