In Model Rules jurisdiction, a conflict of interest involving professional judgment must predates the representation.

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Multiple Choice

In Model Rules jurisdiction, a conflict of interest involving professional judgment must predates the representation.

The key idea is that a conflict of interest involving the lawyer’s ability to exercise independent professional judgment is assessed at the outset of the attorney–client relationship. Under Model Rules, a concurrent conflict of interest arises when representing a client could be materially limited by duties to another person or by the lawyer’s own interests, and the lawyer must address that risk before taking on the representation. Because the lawyer’s duty to provide objective, independent judgment starts with the decision to represent, the potential conflict must be present or identifiable before representation begins so proper disclosure can occur and informed consent can be obtained if allowed. If a conflict is discovered only after representation has begun, the proper course is to reassess, disclose, and obtain informed consent in writing if permissible, or withdraw if the conflict cannot be ethically managed. But the exam-focused point is that the conflict should predates the representation, which is why that choice is best.

The key idea is that a conflict of interest involving the lawyer’s ability to exercise independent professional judgment is assessed at the outset of the attorney–client relationship. Under Model Rules, a concurrent conflict of interest arises when representing a client could be materially limited by duties to another person or by the lawyer’s own interests, and the lawyer must address that risk before taking on the representation. Because the lawyer’s duty to provide objective, independent judgment starts with the decision to represent, the potential conflict must be present or identifiable before representation begins so proper disclosure can occur and informed consent can be obtained if allowed.

If a conflict is discovered only after representation has begun, the proper course is to reassess, disclose, and obtain informed consent in writing if permissible, or withdraw if the conflict cannot be ethically managed. But the exam-focused point is that the conflict should predates the representation, which is why that choice is best.

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