When is it necessary for a lawyer to obtain client consent in the context of a conflict of interest?

Obtaining client consent before taking on a case with potential conflicts is essential because it aligns with the lawyer's ethical obligations to avoid conflicts of interest that could hinder their ability to represent a client competently or loyally. The duty to inform clients of potential conflicts and seek their consent prior to representation ensures transparency and respects the client’s autonomy in deciding whether to proceed with the engagement given the possible adverse interests.

In many jurisdictions, the rules governing professional conduct require attorneys to assess any potential conflicts of interest early in the representation process. If a conflict is identified, the attorney must inform the client and obtain informed consent to continue. This proactive approach helps to maintain the integrity of the attorney-client relationship and protects the client’s interests, thereby fostering trust.

Seeking consent only after legal issues arise would compromise the lawyer's ability to provide unbiased advice from the outset. Consequently, it is critical to address these issues before any representation begins, ensuring that the client has all relevant information before making a decision on their legal matters.