Attorneys are bound by ethical rules of conduct and must disclose any potential conflict of interest to their client.

Attorneys are bound by ethical rules of conduct and must disclose any potential conflict of interest to their client.

• A. True
• B. False
• C. Not sure
• D. It depends

Answer: (A)

Disclosing potential conflicts is essential to the lawyer’s duty of loyalty and to the client’s ability to make an informed decision about representation. Ethical rules require attorneys to reveal any potential conflict so the client can assess whether, and on what terms, the representation should continue. If the conflict can be mitigated by informed consent, the attorney may proceed only after the client understands the risks and agrees in writing or as required by rule. If the conflict cannot be resolved through consent, the attorney must decline representation or withdraw. This applies to conflicts that are only potential as well as those that are actual.

Disclosing potential conflicts is essential to the lawyer’s duty of loyalty and to the client’s ability to make an informed decision about representation. Ethical rules require attorneys to reveal any potential conflict so the client can assess whether, and on what terms, the representation should continue. If the conflict can be mitigated by informed consent, the attorney may proceed only after the client understands the risks and agrees in writing or as required by rule. If the conflict cannot be resolved through consent, the attorney must decline representation or withdraw. This applies to conflicts that are only potential as well as those that are actual.