Under the ABA Model Rules, when is it permissible for a lawyer to represent a client despite potential conflicts?

• A. Under the Model Rules, a lawyer may represent a client with a potential conflict only with informed consent after full disclosure, or when the conflict is avoided.
• B. Conflicts are never permissible.
• C. Conflicts require court approval.
• D. Conflicts are resolved by the client selecting a different attorney.

Answer: (A)

Conflicts don’t automatically bar a lawyer from representing a client. Under the ABA Model Rules, a lawyer may represent a client despite a potential conflict if the lawyer reasonably believes they can represent the client competently and diligently, the representation isn’t prohibited by law, and the affected client gives informed consent, confirmed in writing, after full disclosure of the material risks and reasonable alternatives. If the conflict can be avoided—such as by withdrawing from the conflicting matter or by appropriate screening—then the representation may proceed. This reflects that conflicts are manageable with proper disclosure and safeguards, rather than being categorical or requiring court approval.