People v. Shepherd

Defendant was charged with solicitation of murder for hire. Court erred in granting Defendant's motion to suppress evidence that State had allegedly obtained by taking advantage of alleged ethical violations of attorney that Defendant had consulted with about case but had not retained. Although Defendant was a prospective client of attorney as defined in Rule 1.18(a) of Rules of Professional Conduct, Defendant failed to raise before trial court that he had formed attorney-client relationship with him, and thus cannot advance that argument as basis to affirm appeal. Defendant failed to show that attorney received from Defendant information that could be significantly harmful to Defendant in either of two cases. (LYTTON and O'BRIEN, concurring.)