Multistate Professional Responsibility Examination (MPRE)Conflicts of InterestEasy
Attorney A represents Client X in a complex real estate transaction. During the representation, Client Y approaches Attorney A to represent him in a separate, unrelated breach of contract matter against Client X. Attorney A believes both matters can be handled without directly adverse positions in the same litigation. What is Attorney A's primary duty regarding this potential conflict?
- AAttorney A may represent Client Y if both Client X and Client Y give informed consent, confirmed in writing.
- BAttorney A must decline representation of Client Y if Client X objects, regardless of the nature of the matters.
- CAttorney A must decline representation of Client Y because any representation adverse to a current client is prohibited.
- DAttorney A can represent Client Y without client consent, as the matters are unrelated.
Show answer & explanationAnswer & explanation
Correct answer: A. Attorney A may represent Client Y if both Client X and Client Y give informed consent, confirmed in writing.
Even if matters are unrelated, representing a new client whose interests are directly adverse to a current client creates a concurrent conflict of interest. Such a conflict can be waived if the attorney reasonably believes they can provide competent and diligent representation to both, and both clients give informed consent, confirmed in writing.
Why the other options are wrong
- B. Objection by Client X is important, but not the sole determining factor if consent is possible under the rules.
- C. This is too absolute; some concurrent conflicts are waivable with proper consent and attorney belief in competent representation.
- D. This is incorrect; representing a new client adverse to a current client, even in an unrelated matter, generally requires consent.
Concurrent Conflict of Interest (Unrelated Matters)
A conflict arising when an attorney represents two clients whose interests are directly adverse, even if the matters are unrelated, requiring specific conditions for waiver.
- Directly adverse interests trigger the conflict.
- Unrelated matters do not automatically negate the conflict.
- Waiver requires attorney's reasonable belief in competent representation.
- Waiver requires informed consent from both clients, confirmed in writing.
Memory trick: Consent Confirms Competence, Clients' Choices Count.