If a lawyer has a conflict of interest, what is one possible remedy?

Gain expertise for the California Professional Responsibility Exam. Study with targeted questions and detailed explanations to master ethics and professionalism. Prepare efficiently for your exam!

When a lawyer encounters a conflict of interest, one effective remedy is to refuse to take the case. This option is grounded in the ethical obligation lawyers have to maintain loyalty and avoid situations that compromise their ability to represent a client effectively. By declining to take a case where a conflict exists, the lawyer upholds professional standards and protects not only their integrity but also the best interests of the clients involved.

Refusing the case prevents potential harm that could arise from divided loyalties, misuse of confidential information, or inadequate representation due to competing interests. This choice aligns with the principles outlined in the California Rules of Professional Conduct, which emphasize the importance of ensuring that a lawyer’s professional judgment is not adversely affected by outside interests or relationships.

The other options, while they may seem viable at a glance, do not appropriately address the ethical obligations related to conflicts of interest. For instance, changing the terms of a contract may not eliminate the inherent conflict; ignoring a minor conflict could still lead to significant ethical breaches; and asking the court to intervene might not be feasible or appropriate unless specific conditions warrant such action.

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