What must a lawyer do when clients with similar interests are jointly represented?

When clients with similar interests are jointly represented, it is essential for a lawyer to ensure that all clients are informed of potential risks. Joint representation can lead to conflicts of interest, particularly if the interests of the clients diverge at any point during the representation. Therefore, it is the attorney's responsibility to disclose any potential risks associated with the joint representation, including the possibility that a conflict may arise that could affect the representation of one or both clients.

By informing all clients of these risks, the attorney allows them to make an informed decision about whether they wish to continue with the joint representation. This practice aligns with the ethical obligations outlined in the Model Rules of Professional Conduct, particularly regarding communication and the duty to inform clients about the implications of their decisions.

Other options do not adequately address the necessary steps for ensuring ethical compliance in joint representations. For instance, obtaining verbal permission from one client does not encompass the requirement of informing all clients about potential risks, and maintaining complete confidentiality regardless of consent fails to recognize that joint representation involves shared information. Charging all clients the same fee is not typically a requirement for ethical representation and does not address the essence of protecting clients' interests in the context of potential conflicts.