What should lawyers consider when representing clients with potentially conflicting interests?

When lawyers represent clients with potentially conflicting interests, they need to focus on whether the claims are based on similar legal theories. This consideration is essential because overlapping legal theories can create significant ethical dilemmas and conflicts of interest. These conflicts could compromise the lawyer's ability to advocate effectively for both clients and may lead to divided loyalties.

By understanding the legal frameworks that govern each client's claims, the lawyer can assess whether representation might compromise their professional responsibilities, such as maintaining confidentiality and providing undivided loyalty. If the claims are aligned closely enough, they may not only impact how the lawyer approaches each case but could also necessitate withdrawing from one or both representations to avoid ethical breaches.

Considering whether clients share a legal background, are neighbors or friends, or have a history of litigation, while potentially relevant in specific contexts, does not directly address the inherent risks associated with conflicting interests stemming from overlapping legal theories. These factors may lead to the appearance of bias or influence the decision-making process, but they do not capture the core ethical issues that arise from conflicting legal interests as effectively as evaluating the similarities in claims.