What must happen for two related lawyers from different firms to represent opposing sides in a case?

For two related lawyers from different firms to represent opposing sides in a case, it is essential that the client gives informed consent. Informed consent means that the client understands the implications of the dual representation and agrees to it after being made aware of potential conflicts of interest. This is in line with the ethical standards set forth in the Model Rules of Professional Conduct, specifically Rule 1.7, which addresses conflicts of interest and the need for informed consent when representing clients with conflicting interests.

The requirement for informed consent is crucial because even if the lawyers have a close relationship, the professional obligations they hold, along with the best interests of their respective clients, must take priority. The process of obtaining informed consent ensures that clients are fully aware of their options and the potential ramifications of having their legal representation occur within such a context.

Other options may imply certain prerequisites, like needing consent from firms or a formal agreement, but the fundamental requirement is that the client must be informed and consenting. This highlights the principle of client autonomy in legal representation, where the decision rests primarily with the client once they are adequately informed.