Can a lawyer represent a new client when a former client’s interests are involved?

The correct response recognizes the ethical standards guiding a lawyer's ability to represent clients with potentially conflicting interests. Specifically, a lawyer is generally prohibited from representing a new client when that representation is materially adverse to the interests of a former client, unless certain conditions are met.

This prohibition is rooted in the fundamental duty lawyers have to maintain client confidentiality and loyalty. When a lawyer has previously represented a former client, they are privy to sensitive information that could disadvantage the former client if used against them in a new case. The principle here is to protect the integrity of the attorney-client relationship and to safeguard confidential information that could lead to unfair advantages or conflicts of interest if disclosed or used inappropriately.

In contrast, the other options suggest possible scenarios where a lawyer could proceed with representation, but they fail to account for the critical emphasis on material adversity and the necessity of informed consent. While it is true that a former client can agree to waive potential conflicts, the default position under ethical guidelines is that strong protection is afforded to former clients against materially adverse representation. That makes option B the most appropriate choice reflecting standard legal ethics regarding conflicts of interest.