Ethics Brief - The Call Out of the Blue

Abstract

Colorado RPC Rule 1.18 and the identical Model Rule places lawyers in potentially uncomfortable situations when speaking with persons who may be potential clients. Think of that call out of the blue from an unknown client, or even the call from a friend in another firm, asking to talk about a pending issue, but wants to discuss the situation before retaining you. We know the potential rewards – a new client with an interesting case and a nice retainer.

What, however, are the potential risks? Herrick Lidstone’s article, “Ethics Brief – The Call Out Of The Blue” discusses some of these issues in detail.

Keywords: Rule 1.18, Rules of Professional Conduct, Prospective Client, negligent misrepresentation, potential liability, disqualification

JEL Classification: K00, K22, K29, K40