A conflict of interest exists if the representation of a client by an attorney adversely affects another client or if the representation of a client may be limited materially with the responsibilities the attorney owes another current client, a former client, a third party or personal interests of the attorney. This Discussion asks you to examine when a conflict of interest exists between an attorney and a client.
Please thoroughly discuss each of the following:
1) Even if there is a conflict of interest for the lawyer, the lawyer can proceed if the lawyer believes that the lawyer will be able to provide competent and diligent representation to each affected client and each client gives written, informed consent. Do you agree with this? What are some of the issues that may arise?
2) As a general rule, if a lawyer cannot represent a client because of a conflict of interest, the entire firm is disqualified from representing the client. Do you think this is fair? Discuss why.
3) Provide an example of a conflict an attorney might face. For example, husband and wife in a divorce or accomplices in a criminal case.