A lawyer represents multiple clients in the same matter with potentially adverse interests. What must the lawyer obtain to proceed?

• A. Informed consent from all clients after full disclosure, or decline representation
• B. Court approval
• C. Consent from one client
• D. A special waiver from a bar association

Answer: (A)

When a lawyer takes on several clients in the same matter and their interests may conflict, the lawyer must secure informed consent from every affected client after fully disclosing the risks and potential effects on loyalty, confidentiality, and the ability to represent each client effectively. Only with that comprehensive consent can the representation proceed; otherwise, the lawyer should decline to represent all of them or withdraw. Court approval or a general bar association waiver isn’t the mechanism for addressing this conflict, and consent from just one client isn’t enough because the conflict impacts all involved. Informed consent involves explaining the material risks, possible adverse consequences, and any alternatives, and it often includes advising the clients of their right to seek independent counsel before consenting.