Rule 16-118. Duties to prospective client.

A. Definition of "prospective client." 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. B. Confidential information. 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 16-109 NMRA of the Rules of Professional Conduct would permit with respect to information of a former client. C. Certain representations prohibited. A lawyer subject to Paragraph B of this rule 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 of this rule. 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 representation is permitted. 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 (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 (a) the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom; and (b) written notice is promptly given to the prospective client.