In which situation is a lawyer allowed to act despite a potential conflict of interest?

A lawyer is allowed to act despite a potential conflict of interest when they believe they can provide competent representation. Under the Model Rules of Professional Conduct, particularly Rule 1.7, a lawyer may represent a client if they reasonably believe that they can provide competent and diligent representation and if certain conditions are met. This includes the necessity for informed consent from all affected clients.

In this context, the lawyer's belief in their ability to competently represent multiple clients is critical. It reflects their professional judgment and ethical obligation to ensure that their personal interests or the interests of one client do not adversely affect their representation of another. The crucial point is that the lawyer has a responsibility to evaluate their capability to manage the conflict effectively, ensuring that they uphold their duty to all clients involved.

Other scenarios do not meet this requirement. For instance, merely having one client consent, verbally disclosing a conflict, or both clients being unaware of the conflict does not fulfill the obligations set forth in the Model Rules. Consent must be informed and given by all parties who are affected by the conflict, and it must be documented and clear. Thus, believing in the ability to competently represent despite a conflict is the foundation upon which a lawyer can navigate these challenging situations, provided they adhere