January 24, 2024

Alex Weingarten, Managing Partner of Willkie’s Los Angeles office and Chair of the firm’s Entertainment Litigation Practice, and David Wright, an associate in the Litigation Department, authored an article in Daily Journal titled, “Navigating Prospective Client Obligations Under Rule 1.18.”

The article, featured in the Leading Commercial Litigators annual supplement, addresses the attorney-client privilege protection for prospective clients under California Rule of Professional Conduct 1.18 and focuses on the fact that a consultation with a prospective client can create a disqualifying conflict – even when the attorney is not ultimately retained.

Noting the lack of guidance on the issue from the California courts, the article outlines the steps attorneys should take during initial consultations with prospective clients to safeguard against a potential conflict under Rule 1.18. 

Read the full article here (subscription required).