CHAPTER 1 - 1-12 USE OF CLIENT MATERIALS BY THIRD PARTIES

• Jurisdiction: United States

1-12 Use of Client Materials by Third Parties

A lawyer may provide an evaluation of a client's matter for the use of a third party if the lawyer reasonably believes that making such an evaluation is compatible with the other aspects of the lawyer's relationship with a client.⁶⁰⁸ If the evaluation is likely to affect the client's interests materially and adversely, informed consent is required.⁶⁰⁹ The duty of confidentiality remains in place in such a circumstance.⁶¹⁰

Connecticut law recognizes that an attorney may acquire a duty to a third-party during the representation of a client.⁶¹¹ In Westport Bank & Trust Co. v. Corcoran, Malin & Aresco the Supreme Court recognized that a law firm representing a borrower in a real estate transaction may have a duty to the lender despite the possibility of a...