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The Model Rules of Professional Conduct: Rule 1.18

Attorneys must abide by certain duties to their current and former clients. The Model Rules of Professional Conduct enacted these regulations to avoid conflicts of interest and ensure that attorneys provide clients the best and most ethical representation possible. Rule 1.7 and Rule 1.8 govern conduct involving a current client within the attorney–client relationship, while Rule 1.9 governs conduct involving former clients. Beyond current and former clients, lawyers owe a duty to prospective clients as well. The prospective client regulation is found in Rule 1.18 and its subsections. Rule 1.18(a) states that “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.” Further, Rule 1.18(b) details that “even when no client-lawyer relationship ensues, a lawyer who has learned information from a prospective client shall not use or reveal information, except as Rule 1.9 would permit with respect to information of a former client.” Thus, attorneys still owe duties to these individuals even if an attorney–client relationship is not established.

The rule also discusses the scope in which a conflict of interest would arise for prospective clients. Rule 1.18(c) states “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 substantially related matter if the lawyer received information from the prospective client that could be significantly harmful to that person in the matter.” The “same or substantially related matter” bar guides an attorney to behave ethically when an individual qualifies as a prospective client under Rule 1.18(a). Lastly, Rule 1.18(c) states that if an attorney is disqualified from representing a client due to a conflict of interest, no other attorney associated with the same law firm can knowingly undertake representation of that client unless qualified under the list of exceptions in Rule 1.18(d), such as receiving informed consent and taking reasonable measures to avoid disqualifying information.

Thanks to the personal injury lawyers at Eglet Adams for their insight on The Model Rules of Professional Conduct, Rule 1.18

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   Abigail Arnett 
 33 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I first reached out 2 months after a car accident where the other party involved did not have insurance. She presented expired insurance to which the police department did nothing about. I was not in the wrong, and I was taken by ambulance after due to injury. I was worried due to the other party not having insurance, and medical bills hitting an all time high. I reached out to Jack and was immediately welcomed and felt like I was being taken care of from the start. I stated my concerns and we reached a conclusion which then started my case. I was spoken to clearly and felt genuinely cared for. Despite all the other lawyers reaching out to me after my accident, I chose to go with Cowan and Hilgeman due to the firms sincerity as well as being taken care of from the very beginning. I am very thankful to everyone I worked/talked with over the past year, and I am grateful we were able to sort everything out. I cannot begin to thank Jack for taking care of me and checking in throughout the case.
  
 
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   Alisa and William Hurtle 
 47 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Jack Hilgeman and the team at Cowan & Hilgeman were great to work with after my car accident. Jack jumped on my case last minute, right when I was up against a deadline and had just gotten a pretty disappointing offer from the insurance company. From there he walked me through everything — the paperwork, negotiations, mediation, all the way to getting it settled — and always kept me in the loop on what was going on. When the insurance company tried to lowball part of my claim, Jack pushed back and fought to get me a fair result. Dawn was also great to work with — she called regularly to keep me updated and on track, and she was really the face of the firm for me throughout the process. Everyone there was quick to respond and patient with all my questions. Really happy with how everything turned out — highly recommend Jack and his team.
  
 
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   Jennifer Born Rachek 
 186 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I reached out with some concerns about potential snow and ice injuries on our business property, and I’m so glad I did. My questions were answered clearly and thoroughly, which really put my mind at ease. I also appreciated how welcoming they were to any follow-up questions—it never felt like I was being a bother. I wouldn’t hesitate to reach out again for professional guidance in the future.
  
 
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   Angie Seraphinoff 
 189 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Jack Hilgeman was knowledgeable, responsive, and easy to communicate with throughout the process. He clearly cares about his clients and took the time to thoroughly answer all of my questions. I would highly recommend working with him!
  
 
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   Barbara Garcia 
 190 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Great communication and explanation to my questions. Appreciate the details and hearing directly from Mr.Hilgerman on the voice memo. Thank you!
  
 
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   Jess R 
 193 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Great advice, very helpful in all of my needs! Highly recommend!
  
 
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   lynn berry 
 194 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Very satisfied and they worked hard for me and did an exercise job!
  
 
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   McCall Gorbach Foster 
 195 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Mr. Hilgeman provides clear and thoughtful insight, delivered with professionalism and warmth.
  
 
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   Robert Apfelbeck 
 196 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Great lawyer response time very fast and very good at what he does jack hilgeman will be my next lawyer if i ever need another one thank you to cowen &hilgeman
  
 
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   B Lott 
 196 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I was looking for a lawyer and after so very rude and robotic law firms, I spoke with Jack about my case. He was very professional and personable and actually cared about my situation. I highly recommend his firm!