What is required before a lawyer can advise a client regarding potential conflicts?

Before a lawyer can advise a client regarding potential conflicts, it is essential that the client consents to the lawyer’s involvement. This requirement ensures that the client is fully aware of the lawyer's role, the nature of the representation, and any potential conflicts that may arise. Consent from the client is a critical element in establishing a proper attorney-client relationship, as it signifies that the client is informed and agrees to proceed despite the possible risks associated with the lawyer's existing or past relationships that may present a conflict of interest.

The consent process often involves the lawyer explaining the nature of any conflicts and how they may affect representation. It also safeguards the client's autonomy, ensuring that they have a voice in their legal representation, especially when potential conflicts could impact the advice or services provided.

In situations where no consent is obtained, a lawyer risks breaching ethical obligations that govern client representation, which can lead to significant consequences, including disciplinary actions or legal malpractice claims. This emphasizes the importance of the client’s active participation and acknowledgment in the decision-making process regarding their legal representation.