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Informal Consultations with Outside Lawyers: How Much Can Be Shared?
The Practitioner - Volume 27, Issue 2, Spring 2021
Although most lawyers develop a comfort level with handling certain issues and tasks, from time to time, a client will call with an unusual legal question the lawyer is unfamiliar with or with facts that do not apply easily to the law. Lawyers in a firm can consult with one another on novel legal issues or strange fact patterns. But solo practitioners must go outside their “firm” to talk to other lawyers and even those at multiple-lawyer firms might want to go outside the firm to informally consult with other attorneys. Although this type of consultation is common practice, the California Rules of Professional Conduct1 do not provide a clear basis for permitting informal discussions among lawyers who are not associated; doing so implicates the lawyers’ duty of confidentiality to clients, which is essential to the lawyer-client relationship and the ability of the lawyer to represent the client.
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