What is required for a lawyer to represent clients with conflicting interests?

A lawyer must obtain written informed consent from all clients when representing clients with conflicting interests. This requirement ensures that each client is fully aware of the potential implications of the conflict and has agreed to proceed with the representation despite these conflicts. This written consent serves as documentation that the clients have been informed of their options, including the risks and the potential impact on their legal matters, allowing them to make a considered decision about whether to proceed with the shared representation.

The necessity of informed consent emphasizes the ethical obligation lawyers have to keep their clients' best interests in mind, fostering transparency and trust in the attorney-client relationship. This process also protects the attorney by demonstrating they have fulfilled their duty to inform clients of the nature of the conflict and have obtained their agreement to continue.

In contrast, other options such as an oral agreement or approval from a third party do not meet the ethical standards set forth by professional conduct rules, which prioritize clear, written documentation of consent for representation in situations involving conflicts of interest. Consent from the court is typically relevant in situations where a conflict may require judicial approval, but it is not a general requirement for representation with conflicting interests.