Rule 1.18 - Duties to Prospective Client(a) A person who consults with a lawyer about 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 learned information from a prospective client shall not use or reveal that information, except as in Rule 1.9 would permit with respect to information of a former client.(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 paragraph (d). 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.SDCL app TO CHAPTER 16-18 r. 1.18
SL 2004, ch 327 (Supreme Court Rule 03-26), eff. Jan. 1, 2004; SL 2018, ch 297 (Supreme Court Rule 18-06), eff. July 1, 2018.