Under what circumstance can clients waive conflicts of interest?

Clients can waive conflicts of interest when the lawyer reasonably believes that the representation will not be adversely affected. This situation typically arises under the Model Rules of Professional Conduct, which allow attorneys to represent clients with conflicting interests if they adequately inform all parties involved and obtain their consent.

For a waiver to be valid, the lawyer must thoroughly explain the nature of the conflict and any potential risks involved. If the lawyer is confident that they can represent each client zealously without compromising their responsibilities, the waiver can be granted, provided that all affected clients provide informed consent.

In the case of familial relationships, the mere fact that clients are family members does not automatically allow for a waiver of conflicts. Similarly, the priority of a case or the lawyer's trust relationship with the client does not influence the ability to waive conflicts. Prioritization of a case does not alter the ethical obligations to manage conflicts adequately.