Certified Legal Professional (CLP) Practice Exam

Is it ethical for an attorney to represent clients with conflicting interests?

1. Yes, if both clients agree to the representation

2. No, because it creates an inherent conflict of interest

3. Only if the clients are unaware of the conflict

4. Yes, if the attorney is impartial

The correct answer is: No, because it creates an inherent conflict of interest

The reasoning behind the belief that it is unethical for an attorney to represent clients with conflicting interests hinges on the concept of an inherent conflict of interest. When an attorney represents two clients whose interests conflict, the attorney may struggle to provide undivided loyalty and advocacy to each client. This situation can compromise the attorney’s ability to maintain confidentiality and protect each client's rights, which is a fundamental duty of legal representation. Legal ethics rules generally require attorneys to avoid conflicts of interest whenever possible. Even if both clients provide informed consent, the potential for bias or divided loyalties makes it challenging to fulfill the duty of loyalty owed to each client. Attorneys are also responsible for ensuring that they can maintain the necessary level of representation and advocacy for each client's unique situation. Thus, the presence of conflicting interests inherently undermines these ethical obligations. The focus on impartiality does not sufficiently address the ethical dilemma, as the potential for bias cannot be entirely mitigated even with an intention to be fair. Therefore, the correct answer highlights the importance of avoiding situations where conflicting interests could jeopardize the integrity of the legal representation.