What happens if a lawyer detects a conflict of interest while representing clients jointly?

In situations where a lawyer identifies a conflict of interest while representing clients jointly, obtaining consent from the affected client is a critical step to address the conflict. A conflict of interest may arise when the lawyer's ability to represent one client is compromised by the interests of another client. In such cases, the lawyer has a professional obligation to disclose the conflict and seek informed consent from the impacted client to continue with joint representation.

The rationale behind this requirement is rooted in the ethical duty of attorneys to uphold their clients' best interests while maintaining the integrity of the legal process. If both clients understand the implications of the conflict and agree to continue, the lawyer can manage the representation while ensuring that each client's rights and interests are adequately protected.

Should the affected client choose not to provide consent or if the conflict is such that it cannot be resolved through consent, the lawyer would need to withdraw from representing one or both clients to comply with ethical obligations and avoid potential harm to the clients or the integrity of the legal advice provided. This approach helps avoid situations where the lawyer may inadvertently favor one client's interests over the other’s.