Also known as: significant harm
Written by attorneys · grounded in primary & secondary sources — see below
A level of injury or detriment that is substantial in nature and would affect a normal person or property in ordinary use.
Sierra Santos meets with Steven Silva to discuss possible representation in a contract dispute. Steven discloses sensitive financial terms and negotiation strategies. Sierra later receives a request to represent another party in a substantially related matter adverse to Steven. The information received could be significantly harmful to Steven, so Sierra may not accept the new representation.
Stella Shapiro owns a home next to Sterling Manufacturing's plant. Emissions from the plant repeatedly damage Stella's garden and make outdoor use of her yard unpleasant. The interference produces significant harm of the kind a normal resident would suffer. Sterling is therefore subject to liability for private nuisance.
Select any source to read its text and confirm it supports the definition.
Information meets the threshold when its disclosure or use would cause substantial detriment to the prospective client in the matter. The hornbook notes that lawyers should limit receipt of information that is both significant and harmful. Not every detail shared during a consultation reaches this level.
No. Liability arises only when the harm is of a kind that a normal person in the community would suffer. The Restatement ties the standard to ordinary use and condition of property. Harm that is merely idiosyncratic or unusually sensitive does not qualify.
Yes. The rule applies only when the lawyer actually receives information that could be significantly harmful. Lawyers may structure initial consultations to reduce the chance of receiving such information while still evaluating whether representation is feasible.