One of the more significant changes to California's ethical rules in 2018 was the adoption of a specific rule delineating a lawyer's duties to a prospective client. California Rule of Professional Conduct 1.18. The proposition that a lawyer may owe a duty of confidentiality even if she is not ultimately hired is not new; but, prior to adoption of Rule 1.18, the metes and bounds of that duty and its impacts were developed in case law and ethics opinions. Having a speci...
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