What is a requirement of a lawyer when a conflict of interest is discovered?

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When a lawyer discovers a conflict of interest, the ethical obligation is to withdraw from representation if they cannot resolve the conflict in a way that protects their clients' interests. This requirement is rooted in the principles of professional responsibility, which emphasize the need to maintain loyalty and confidentiality to clients. A lawyer must act in a manner that prevents any potential prejudice or harm to clients, which is why withdrawal is necessary when a conflict cannot be adequately managed.

Focusing on a client's wishes does not address the ethical implications of a conflict of interest; it could lead to further complications and compromise the lawyer’s duty of loyalty. Similarly, prioritizing their own interests undermines the fundamental responsibilities lawyers owe to their clients, particularly when conflicts arise. Waiting to see if the conflict resolves itself would not be an appropriate or ethical approach, as it can place clients at risk and fail to address the immediate need for action in preserving their interests. Hence, withdrawal when a conflict cannot be resolved is the clear and ethical pathway dictated by professional standards.

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