Duties to the Public · 2-4% of the exam
22.1.2Quick-advice clinics — short-term limited services (Rule 6.5)
On this page
- Rule 6.5 — Short-term limited legal services.
Why
Full conflict checks before every clinic intake would make legal aid hotlines unworkable. A volunteer taking a two-hour shift cannot run a firm-wide search for each caller, and demanding one would close the clinic rather than protect anybody.
Plain English
Under a nonprofit or court program where neither side expects ongoing representation, Rules 1.7 and 1.9(a) bite only where the lawyer actually knows of the conflict, and Rule 1.10 only where the lawyer actually knows a firm colleague is disqualified. Rules 1.6 and 1.9(c) apply in full, and the competence standard is unchanged.
Rule
Rule 6.5 — Short-term limited legal services.
Rule 6.5 — Short-term limited legal services. When an attorney provides brief, one-off legal help under the sponsorship of a nonprofit organization or a court — with no expectation on either side of ongoing representation — the usual conflict analysis is loosened:
Rules 1.7 and 1.9(a) bite only where the attorney actually knows of the conflict; presumed knowledge does not count. Rules 1.6 and 1.9(c) apply in full — the confidentiality duties are not relaxed.
Rule 1.10 bites only where the attorney actually knows that a firm colleague is disqualified; conflicts generated inside the clinic session are not imputed across the firm.
The moment continuing representation begins in the same matter, the ordinary conflict framework snaps back into place.
Comment [2]: the client's informed consent to the narrow scope must be secured.
The competence standard is unchanged — sloppy advice still draws discipline under Rule 1.1.
Where brief advice cannot resolve the problem, the attorney must direct the client toward further help.
Example 1
Ex. 1
Ana volunteers on a courthouse legal hotline run by a nonprofit. A caller describes a landlord-tenant dispute and names the landlord. Ana recognizes the landlord as a party her firm currently represents as a defendant in unrelated commercial litigation. At the moment of recognition, she actually knows of the adversity. Rule 6.5's relaxation doesn't apply — the rule relieves actual-knowledge requirements only when actual knowledge is absent. Because Ana now knows her firm represents the opposing party, the live conflict must be addressed. She declines to advise the caller and refers the caller to another resource. Pause Ana's call at the moment she recognizes the name.
Trap
Questions · 1
Q 01ch22-e03
Question 1 of 1 · Rule 6.5
Attorney volunteered for a two-hour shift on a telephone advice line run by a nonprofit and sponsored by the local court. Callers receive brief guidance, and neither side expects the volunteer to take the matter any further. A caller described a fight with a landlord over a withheld deposit, and Attorney explained the caller's options and the filing deadline accurately. Attorney secured the caller's agreement to the narrow scope of the help and pointed the caller toward further assistance. Attorney ran no search of the firm's client list before speaking and did not know that a partner in the firm represents that landlord in unrelated leasing matters. Was it proper for Attorney to advise the caller?
Keys 1 to 4 choose.