When may a lawyer take on a case with a known conflict of interest?

A lawyer may take on a case with a known conflict of interest when the clients provide informed consent. Informed consent means that the clients understand the conflict and its implications and agree to proceed despite it. The California Rules of Professional Conduct require that attorneys disclose conflicts of interest and obtain the clients’ informed consent before representing them in such situations.

This approach is designed to respect the autonomy of clients while ensuring that they are fully aware of any potential risks associated with having conflicting interests represented by the same attorney. It underscores the importance of transparency and ethics in the attorney-client relationship. If the clients are adequately informed and still choose to move forward, the attorney may retain their representation while fulfilling their duty of loyalty to both parties as best as possible.