When does a conflict of interest arise in joint representation?

A conflict of interest in joint representation primarily arises when the interests of the clients begin to diverge. In a scenario where two or more clients are jointly represented, the attorney must navigate the delicate balance of loyalty and confidentiality owed to each client.

Initially, there may be mutual interests that allow for a joint representation arrangement, and it's when those interests start to shift or conflict that a conflict of interest arises. For example, if two clients are represented in a lawsuit and start off with aligned goals, a conflict emerges if one client's strategy begins to oppose the other's interests. This divergence can lead to ethical dilemmas for the attorney, who must consider the impact on each client and their right to independent representation.

The other options do not accurately encapsulate when a conflict of interest emerges. Wealth alone does not create a conflict; rather, it is the shifting of interests between the clients that poses the ethical challenge in joint representation. Similarly, having mutual interests at the beginning is not problematic unless those interests change. Lastly, the presence of different lawyers for each client could alleviate potential conflicts rather than create them in a joint representation scenario. Therefore, the divergence of interests is the key trigger for conflict in this context.