What is a "concurrent conflict of interest"?

A concurrent conflict of interest arises when an attorney represents clients whose interests are directly adverse to one another at the same time. This situation can lead to ethical dilemmas as the attorney must navigate conflicting interests, which could impair their ability to represent one client fully and zealously without affecting the other.

The significance of identifying a concurrent conflict of interest lies in the ethical obligations it creates for the attorney, who must consider whether they can represent all clients fairly and whether they need to obtain informed consent from each client involved. Validating that clients are aware of the potential conflicts and choosing to waive them, if permissible, helps ensure compliance with professional conduct rules.

In contrast, other options describe situations that do not accurately reflect the nature of concurrent conflicts of interest. For example, conflicting opinions on a legal matter or scenarios restricted only to criminal cases do not encapsulate the complete definition, as conflicts of interest can arise across various areas of law and practice. Additionally, having multiple attorneys for one client does not inherently create a conflict of interest unless their interests also diverge significantly.