Text of Rule 1.18 Informed Consent
When a potential client posts an RFP, the potential client is required to indicate whether the potential client is providing a "Rule 1.18 Informed Consent" with respect to all of the information contained in the RFP. This Rule 1.18 Informed Consent is in addition to the Rule 1.18 informed consent provided by potential clients with respect to the RFP notice listing information, as described in the Terms of Use. Set forth below is the full text of the Rule 1.18 Informed Consent for all of the information containedin an RFP:
Rule 1.18 of the current ABA Model Rules of Professional Conduct states in part that (emphasis added):
(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.
(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...:
Before you can post your RFP, you need to state whether you, as the potential client, are providing an informed consent under ABA Rule 1.18 (together with analogous rules or statutes* adopted in each jurisdiction adopting rules of professional conduct for lawyers, "Rule 1.18") with respect to the information contained in your RFP and any other information you provide with respect to this RFP and its subject matter via Aliunde, whether through your initial RFP, any amendments to your RFP or through private bulletin board communications with lawyers (a "Rule 1.18 Informed Consent"). If you provide this Rule 1.18 Informed Consent, a lawyer who views the RFP and receives other information via Aliunde, and other lawyers in the viewing lawyer's law firm, will not be precluded from representing clients with interests materially adverse to you as the potential client, even if the lawyer viewing the RFP receives information that could be significantly harmful to you as the potential client. In addition, as discussed in the Terms of Use, if you provide a Rule 1.18 Informed Consent, you will also be deemed to have waived the confidentiality provisions set forth in the Terms of Use with respect to same information to which the Rule 1.18 Informed Consent applies, but only to the extent necessary for a receiving lawyer and his or her law firm to satisfy their ethical obligations to another client. This question and any Rule 1.18 Informed Consent you supply assumes arguendo, but without conceding the point, that Rule 1.18 applies to communications between you as the potential client and individual lawyers or law firms participating in Aliunde.
As described in How It Works for Clients, the notice of your RFP made visible to lawyers and law firms before they can view your entire RFP will state whether you have provided this Rule 1.18 Informed Consent.
The advantage to providing a Rule 1.18 Informed Consent is that lawyers and law firms that see the notice of your RFP may be more likely to view the RFP in its entirety. If you do not provide a Rule 1.18 Informed Consent, lawyers and law firms may decline to view your RFP out of concern that Rule 1.18 could prevent the lawyer or his or her firm from representing another client in the matter, even if that other client is an existing client of the lawyer or firm. Lawyers and law firms may be especially concerned about the absence of a Rule 1.18 Informed Consent if the matter relates to litigation, if the RFP does not identify the client or if you do not identify the adverse parties in your matter.
On the other hand, providing a Rule 1.18 Informed Consent means that one or more lawyers or law firms could potentially view the RFP and use any information contained in it against you in the matter. For example, if you disclose a non-public fact or a legal strategy in your RFP, it could be used against you. For this reason, if you provide a Rule 1.18 Informed Consent, you should carefully consider the information you provide in the RFP.
*Including without limitation Rule 3-310(E) of the California Rules of Professional Conduct and Section 6068(e) of the California Business and Professions Code.
Yes, I am providing a Rule 1.18 Informed Consent
No, I am not providing a Rule 1.18 Informed Consent
