How should a lawyer respond to a conflict of interest with current or former clients?

A lawyer must handle conflicts of interest carefully, particularly when it comes to current or former clients. Seeking consent where applicable is the correct approach because it aligns with the principles of professional responsibility. When a conflict arises, the lawyer should analyze the situation to determine whether the conflict is one that requires informed consent from the affected client. This means fully disclosing the nature of the conflict and obtaining the client’s agreement to continue representation despite the potential conflict.

In many instances, conflicts can be managed with the client's informed consent as long as the lawyer believes they can provide competent and diligent representation. If the lawyer can ensure that their loyalty to the clients is preserved and that the representation will not adversely affect the interests of the client, seeking consent allows the lawyer to continue advocating for their clients while maintaining ethical obligations.

This procedure also highlights the importance of communication and transparency in the attorney-client relationship. By obtaining consent, the attorney ensures that the client is fully aware of the implications of the conflict and can make an informed decision about whether to proceed with the representation.

The other responses suggest inappropriate or incomplete approaches to managing conflicts, such as terminating all relationships or attempting to manage the conflict without clear guidance on consent, which neglects the established ethical duty attorneys have to their clients regarding