What should lawyers do if they believe the organization's interest may become adverse during representation?

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When lawyers represent an organization, they have a duty to act in the best interests of that entity. If lawyers suspect that the organization's interests may become adverse during their representation, it's crucial to address this proactively. Informing the organization about potential future conflicts allows for transparency and prepares both the lawyer and the organization to manage the situation effectively.

By communicating the possibility of a conflict, the lawyer enables the organization to consider its options, including adjusting the scope of representation or exploring alternative solutions. This dialogue fosters trust and maintains the lawyer's ethical obligation to the organization, ensuring that the representation is conducted with integrity and foresight.

In contrast, waiting until a conflict arises to disclose would compromise the organization's ability to make informed decisions regarding its representation and could lead to ethical breaches. Terminatively ending the representation without addressing the potential conflict might unnecessarily disrupt the organization's legal representation when a more favorable resolution could be reached through dialogue. Consulting with external legal counsel can sometimes be a useful step, but it doesn’t directly address the commitment to inform the organization of the potential for conflict and does not uphold the responsibility to communicate proactively.

Thus, being transparent about possible future conflicts strengthens the lawyer's role in safeguarding the organization's interests.

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