Ethics Question of the Week: Can I represent client if I've met with opposing party in same matter?

Q. Can I represent a client in a matter after I first met with the opposing party about representing her in the same matter but was not hired?

A. Illinois Rule of Professional Conduct 1.18(c) prohibits a lawyer from representing a client with interests materially adverse to a prospective client in the same or a substantially related matter if the lawyer received information that could be significantly harmful to that person in that matter unless the conditions of 1.18(d) are met. This rule only applies to individuals who are genuinely seeking legal representation, not those who may be attempting to disqualify a lawyer. For a further discussion of this issue, see ISBA Professional Advisory Opinion 12-18.

ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.

Disclaimer.  These questions are representative of calls received on the ISBA’s ethics hotline. The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed. The information provided isn’t legal advice. Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.