employment attorney-client-privilege
Is an attorney who hasn&#39;t agreed to represent me yet required to keep our discussions confidential?
<p>I'm looking for an employment attorney and most seem to want the discuss the case, to see whether or not I have a case, before agreeing to represent me. Does this mean that any information I give them should remain confidential?</p>

<p>One of them has asked me to email him copies of emails I have that would be evidence in the case. Would he be required to keep them confidential?</p>

<p>Yes. </p>

<p>There is a special attorney-client confidentiality rule (at least in most U.S. jurisdictions) that requires an attorney to keep confidential and protects with the attorney-client privilege, information disclosed when an attorney and client are in the process of evaluating whether they want to establish an attorney-client relationship. </p>

<p>If enough relevant information is exchanged, this information can also create a conflict of interest that would prevent the attorney from representing the opposing party in the same dispute.</p>

<p>The ethical rule in states that have adopted a version of the Model Rules of Professional Conduct is Rule 1.18:</p>

<blockquote>
  <p>Duties to Prospective Client</p>
  
  <p>(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.</p>
  
  <p>(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 Rule 1.9 would permit with respect to
  information of a former client.</p>
  
  <p>(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 the prospective client, 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).</p>
  
  <p>(d)   When the lawyer has received disqualifying information as defined
  in paragraph (c), representation is permissible if:</p>
  
  <p>(1)   both the affected client and the prospective client have given
  informed consent, confirmed in writing; or</p>
  
  <p>(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</p>
  
  <p>(i)   the disqualified lawyer is timely screened from any participation
  in the matter and is apportioned no part of the fee therefrom; and</p>
  
  <p>(ii)  written notice is promptly given to the prospective client.</p>
</blockquote>
