What must a lawyer avoid when representing clients with conflicting interests?

Study for the Georgia Bar Exam. Prepare with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

When representing clients with conflicting interests, a lawyer must avoid representing both clients without a reasonable belief in their ability to do so competently. This is critical because when a lawyer takes on multiple clients with conflicting interests, there is a significant risk of a breach of loyalty and an inability to provide adequate representation to each client. The ethical duty of a lawyer entails acting in the best interests of their clients, which can be compromised when they have duties to clients with conflicting claims or interests.

A lawyer must ensure that they can provide competent and diligent representation to each client without favoring one over the other or jeopardizing the interests of either party. If a reasonable belief in this ability does not exist, the lawyer must decline to represent one of the clients or find a way to resolve the conflict of interest.

Maintaining open communication about each client's interests, although necessary for effective representation, must be navigated carefully in situations of conflict. Miscommunication or a lack of transparency can further complicate the relationship and representation, potentially leading to ethical violations. Therefore, the key is ensuring competence and loyalty amidst conflicting interests, which is why the option emphasizing reasonable belief in competence is essential in this context.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy