What is required before representing a client in both a civil matter and a related criminal matter?

• A. Immediate consent via a verbal agreement
• B. Informed written consent after full disclosure, or decline due to conflict
• C. Court approval
• D. Consent from opposing counsel

Answer: (B)

Representing a client in both a civil matter and a related criminal matter creates a potential conflict of interest, since what helps one client could harm the other. The attorney may proceed only if the client gives informed written consent after full disclosure of the nature of the conflict and the risks, benefits, and alternatives. If the lawyer cannot provide competent and diligent representation to both matters without undue risk, the attorney should decline the representation.

Verbal consent isn’t sufficient because there needs to be a clear, documented understanding of the conflict and the agreed protections. Court approval isn’t required to move forward with consent, and consent from opposing counsel isn’t appropriate or necessary.