Certified Legal Professional (CLP) Practice Exam

If a conflict of interest arises, should an attorney always withdraw from representation?

1. No, if the attorney can adequately represent all parties involved

2. No, if both parties give informed consent

3. Yes, because conflicts always undermine professional integrity

4. Yes, unless the conflict seems trivial to the representation

The correct answer is: No, if both parties give informed consent

The option indicating that an attorney should not necessarily withdraw from representation if both parties give informed consent is correct. This reflects fundamental principles of legal ethics that allow for the possibility of continued representation in the presence of a conflict of interest, provided all affected parties are fully informed about the potential implications and risks involved. Informed consent means that the attorney has disclosed all relevant information regarding the conflict so that the parties can make a knowledgeable decision about whether they are comfortable proceeding with the representation. This can occur in various scenarios, such as where the attorney can maintain impartiality and adequately represent the interests of all clients without compromising their responsibilities. Maintaining the possibility of representation despite a conflict, as long as informed consent is obtained, supports the idea that legal professionals are committed to serving their clients while also adhering to ethical standards. It does not imply that all conflicts are acceptable, but rather that under certain conditions, clients have the autonomy to choose whether to continue the relationship with a clear understanding of the situation. This approach encourages open communication and ethical decision-making in legal practice.