Legal Question in Family Law in Maryland

Re: When does a client become a client?

An attorney-client relationship can be formed when the client, even before formally hiring the attorney, tells the attorney things that are intended to be privileged conversations. What typically happens is there will be an initial telephone discussion in which the prospective client divulges certain information about the case to the lawyer. Perhaps an appointment is made, but then cancelled. Under those circumstances, it would be unethical for that attorney to accept representation of the spouse of that prospective client, because he/she would have received privileged information that could now be used adversely to the interests of the first "client".

However, if there was no such discussion, and no exchange of information, then I wouldn't have a problem accepting the representation of the second spouse.