If a conflict arises after representation has ended, what must the lawyer do?

If a conflict arises after representation has ended, what must the lawyer do?

• A. Withdraw from representing the client unless informed consent in writing allows continuation.
• B. Continue representation if the case is near conclusion.
• C. Transfer responsibility to non-attorney staff.
• D. Ignore the conflict if not brought to light by the client.

Answer: (A)

When a conflict of interest arises, a lawyer must avoid continuing representation unless the client gives informed consent, confirmed in writing, after full disclosure of the conflict and its implications. This protects the client’s interests and the lawyer’s duties. In this scenario, the proper course is to withdraw from representing the client unless there is written informed consent allowing continuation despite the conflict. Continuing without consent would compromise loyalty and independence, and merely handing off to staff or proceeding because the case is nearing completion would not address the ethical risk. Ignoring the conflict is not acceptable.

When a conflict of interest arises, a lawyer must avoid continuing representation unless the client gives informed consent, confirmed in writing, after full disclosure of the conflict and its implications. This protects the client’s interests and the lawyer’s duties. In this scenario, the proper course is to withdraw from representing the client unless there is written informed consent allowing continuation despite the conflict. Continuing without consent would compromise loyalty and independence, and merely handing off to staff or proceeding because the case is nearing completion would not address the ethical risk. Ignoring the conflict is not acceptable.