MBE Rules · Professional Responsibility

Concurrent Client Conflicts

Cal. Rules of Prof. Conduct 1.7

The rule

A lawyer shall not represent a client whose interests are directly adverse to those of another current client, or where there is a significant risk that the representation will be materially limited by responsibilities to another client, absent informed written consent from each affected client.

In plain English

A lawyer cannot represent two clients if their interests conflict directly or if one client's representation could be significantly limited by the responsibilities to another client. To proceed with such representation, the lawyer must obtain informed written consent from both clients involved.

Worked example

Attorney Smith represents Client A in a divorce case. Client B approaches Attorney Smith for representation in a custody dispute against Client A. Attorney Smith realizes that representing Client B would create a conflict of interest and decides not to take on Client B's case without obtaining consent from both clients. As a result, Attorney Smith declines to represent Client B.

Memory hook

No conflicts, no consent, no case!

The trap

Exams may present scenarios where the conflicts are subtle, leading students to overlook the need for informed consent. Be wary of fact patterns that seem benign but involve underlying conflicts.

How examiners test it

Questions often involve multiple clients with overlapping interests, requiring candidates to identify potential conflicts and the necessity for consent before proceeding with representation.

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