These summaries were prepared by McGuireWoods LLP lawyer Thomas E. Spahn. They are based on the letter opinions issued by the Virginia State Bar. Any editorial comments reflect Mr. Spahn's current personal views, and not the opinions of the Virginia State Bar, McGuireWoods or its clients. 
 
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ABA-358

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22-Interviews with Prospective Clients

A lawyer must maintain the confidentiality of any information received from a prospective client. If the lawyer receives only limited information, the lawyer may be free to take positions adverse to the prospective client in the same or related matter, but the lawyer would be barred from doing so if the lawyer learns "critical" information from the prospective client and cannot obtain the prospective client's consent to the adversity. The ABA suggests that lawyers obtain waivers of confidentiality in such circumstances, and screen the lawyers with the information from others in the firm.

Copyright 2000, Thomas E. Spahn