How does the Model Rules address conflicts with current clients?

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The Model Rules of Professional Conduct provide guidance on how attorneys should navigate conflicts of interest with current clients. Specifically, the rules recognize that a lawyer may represent a client in situations where there is a conflict, provided that the affected client gives informed consent to the representation.

This principle of informed consent ensures that clients are fully aware of the potential implications of the conflict and still choose to proceed with the legal representation. This approach emphasizes the importance of client autonomy and the ability to make informed decisions regarding their legal representation.

While there are certain strict limitations and requirements for when a lawyer may represent a client despite a conflict, the option that indicates representation may occur if the client consents aligns with the fundamental concept of ethical practice within the legal profession. Informed consent must be obtained not only before the representation begins but must also be documented appropriately to protect both the attorney and the client.

The other choices either overly restrict representation or misinterpret the provisions allowing for informed consent. The possibility of representation stemming from client consent reflects the nuanced understanding of attorney-client relationships as fostered by the Model Rules.

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