A current conflict of interest arises if a lawyer represents two clients with adverse interests in the same matter. This is allowed only if what?

Study for the MPRE Rules Test. Utilize flashcards and multiple choice questions, each with hints and explanations. Prepare effectively for your exam!

Multiple Choice

A current conflict of interest arises if a lawyer represents two clients with adverse interests in the same matter. This is allowed only if what?

Explanation:
When a lawyer represents two clients with opposing interests in the same matter, the representation is allowed only if the lawyer can provide competent and diligent representation to both and each client gives informed consent after full disclosure of the conflict and its potential impact on loyalty and confidentiality. The emphasis is on truly informed consent—clients must understand the risks and agree to proceed despite the conflict, typically confirmed in writing. If that consent is obtained, the representation may continue; otherwise, the lawyer should not represent both clients. Resigning from one side, a joint engagement letter, or court approval do not by themselves satisfy this ethical requirement.

When a lawyer represents two clients with opposing interests in the same matter, the representation is allowed only if the lawyer can provide competent and diligent representation to both and each client gives informed consent after full disclosure of the conflict and its potential impact on loyalty and confidentiality. The emphasis is on truly informed consent—clients must understand the risks and agree to proceed despite the conflict, typically confirmed in writing. If that consent is obtained, the representation may continue; otherwise, the lawyer should not represent both clients. Resigning from one side, a joint engagement letter, or court approval do not by themselves satisfy this ethical requirement.

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