When must a lawyer disclose a conflict to a client?

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!

A lawyer is obligated to disclose a conflict to a client when that conflict could materially limit the lawyer's ability to represent the client effectively. This obligation stems from the ethical guidelines governing the legal profession, specifically addressing issues of loyalty and competence.

In situations where a conflict of interest exists—such as representing multiple clients with opposing interests or having a personal interest that could interfere with professional judgment—the lawyer must ensure that the client is fully informed about the nature and implications of that conflict before proceeding with representation. This disclosure allows the client to make an informed decision about whether to continue with the representation or seek alternative counsel.

The concept of a conflict "materially limiting" representation emphasizes the potential impact on the attorney's ability to act in the best interest of the client. Thus, any situation where the conflict could have a substantial effect on representation requires disclosure. This approach protects client autonomy and reinforces the integrity of the legal profession by ensuring that clients are informed participants in decisions regarding their legal representation.

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