What obligation does a lawyer have towards a prospective client during consultation?

A lawyer has a fundamental obligation to maintain the confidentiality of information shared by a prospective client during a consultation. This duty arises under the premise of establishing a relationship of trust and ensures that prospective clients can freely disclose relevant details without fear that their information will be used against them or shared with others.

Confidentiality is a cornerstone of the attorney-client relationship, which begins to form as soon as a prospective client seeks legal advice. Even if no formal representation occurs, the lawyer must safeguard any confidential information obtained during the consultation. This protection under the Model Rules is paramount as it encourages open communication, allowing the lawyer to provide informed guidance based on the information shared.

In contrast, other options fail to meet ethical obligations. Offering services immediately can be inappropriate without evaluating the circumstances, while selling information to third parties or disclosing it without consent is a clear violation of the duty of confidentiality and goes against the principles laid out in the Model Rules. Therefore, maintaining confidentiality is the correct obligation for a lawyer during a consultation with a prospective client.