RPC RULE 1.18
                    DUTIES TO PROSPECTIVE CLIENT


  (a) A person who discusses with a lawyer the possibility of forming a
client-lawyer relationship with respect to a matter is a prospective client.

  (b) Even when no client-lawyer relationship ensues, a lawyer who has had
discussions with a prospective client shall not use or reveal information
learned in the consultation, except as Rule 1.9 would permit with respect
to information of a former client or except as provided in paragraph (e).

  (c) A lawyer subject to paragraph (b) shall not represent a client with
interests materially adverse to those of a prospective client in the same
or a substantially related matter if the lawyer received information from
the prospective client that could be significantly harmful to that person
in the matter, except as provided in paragraphs (d) or (e). If a lawyer is
disqualified from representation under this paragraph, no lawyer in a firm
with which that lawyer is associated may knowingly undertake or continue
representation in such a matter, except as provided in paragraph (d).

  (d) When the lawyer has received disqualifying information as defined in
paragraph (c), representation is permissible if:

      (1)  both  the affected client and the prospective client have  given
informed consent, confirmed in writing, or:

      (2)  the lawyer who received the information took reasonable measures
to  avoid  exposure to more disqualifying information than  was  reasonably
necessary to determine whether to represent the prospective client; and

         (i)  the disqualified lawyer is timely screened from any
participation in the matter and is apportioned no part of the fee
therefrom; and

        (ii)  written notice is promptly given to the prospective client.

  (e) A lawyer may condition conversations with a prospective client on the
person's informed consent that no information disclosed during the
consultation will prohibit the lawyer from representing a different client
in the matter. The prospective client may also expressly consent to the
lawyer's subsequent use of information received from the prospective client.

Comment

  [1] Prospective clients, like clients, may disclose information to a
lawyer, place documents or other property in the lawyer's custody, or rely
on the lawyer's advice. A lawyer's discussions with a prospective client
usually are limited in time and depth and leave both the prospective client
and the lawyer free (and sometimes required) to proceed no further. Hence,
prospective clients should receive some but not all of the protection
afforded clients.

  [2] [Washington revision] Not all persons who communicate information to
a lawyer are entitled to protection under this Rule. A person who
communicates information unilaterally to a lawyer, without any reasonable
expectation that the lawyer is willing to discuss the possibility of
forming a client-lawyer relationship, is not a "prospective client" within
the meaning of paragraph (a). See also Washington Comment [10].

  [3] It is often necessary for a prospective client to reveal information
to the lawyer during an initial consultation prior to the decision about
formation of a client-lawyer relationship. The lawyer often must learn such
information to determine whether there is a conflict of interest with an
existing client and whether the matter is one that the lawyer is willing to
undertake. Paragraph (b) prohibits the lawyer from using or revealing that
information, except as permitted by Rule 1.9, even if the client or lawyer
decides not to proceed with the representation. The duty exists regardless
of how brief the initial conference may be.

  [4] In order to avoid acquiring disqualifying information from a
prospective client, a lawyer considering whether or not to undertake a new
matter should limit the initial interview to only such information as
reasonably appears necessary for that purpose. Where the information
indicates that a conflict of interest or other reason for non-
representation exists, the lawyer should so inform the prospective client
or decline the representation. If the prospective client wishes to retain
the lawyer, and if consent is possible under Rule 1.7, then consent from
all affected present or former clients must be obtained before accepting
the representation.

  [5] [Reserved. Comment [5] to Model Rule 1.18 is codified, with minor
modifications, as paragraph (e). See Rule 1.0(e) for the definition of
informed consent.]

  [6] Even in the absence of an agreement, under paragraph (c), the lawyer
is not prohibited from representing a client with interests adverse to
those of the prospective client in the same or a substantially related
matter unless the lawyer has received from the prospective client
information that could be significantly harmful if used in the matter.

  [7] Under paragraph (c), the prohibition in this Rule is imputed to other
lawyers as provided in Rule 1.10, but, under paragraph (d)(1), imputation
may be avoided if the lawyer obtains the informed consent, confirmed in
writing, of both the prospective and affected clients. In the alternative,
imputation may be avoided if the conditions of paragraph (d)(2) are met and
all disqualified lawyers are timely screened and written notice is promptly
given to the prospective client. See Rule 1.0(k) (requirements for
screening procedures). Paragraph (d)(2)(i) does not prohibit the screened
lawyer from receiving a salary or partnership share established by prior
independent agreement, but that lawyer may not receive compensation
directly related to the matter in which the lawyer is disqualified.

  [8] Notice, including a general description of the subject matter about
which the lawyer was consulted, and of the screening procedures employed,
generally should be given as soon as practicable after the need for
screening becomes apparent.

  [9] For the duty of competence of a lawyer who gives assistance on the
merits of a matter to a prospective client, see Rule 1.1. For a lawyer's
duties when a prospective client entrusts valuables or papers to the
lawyer's care, see Rule 1.15A.

Additional Washington Comments (10 - 13)

  [10] Unilateral communications from individuals seeking legal services do
not generally create a relationship covered by this Rule, unless the lawyer
invites unilateral confidential communications. The public dissemination of
general information concerning a lawyer's name or firm name, practice area
and types of clients served, and contact information, is not in itself, an
invitation to convey unilateral confidential communications nor does it
create a reasonable expectation that the lawyer is willing to discuss the
possibility of forming a client-lawyer relationship.

  [11] This Rule is not intended to modify existing case law defining when
a client-lawyer relationship is formed. See Bohn v. Cody, 119 Wn.2d 357,
363, 832 P.2d 71 (1992); In re McGlothen, 99 Wn.2d 515, 522, 663 P.2d 1330
(1983). See also Scope [17].

  [12] For purposes of this Rule, "significantly harmful" means more than
de minimis harm.

  [13] Pursuant to statute or other law, government officers and employees
may be entitled to defense and indemnification by the government. In these
circumstances, a government lawyer may find it necessary to obtain
information from a government officer or employee to determine if he or she
meets the criteria for representation and indemnification. In this
situation, the government lawyer is acting on behalf of the government
entity as the client, and this Rule would not apply. The government lawyer
shall comply with Rule 4.3 in obtaining such information.


[Adopted effective September 1, 2006.]