If you suspect a conflict of interest after starting work for a client, what is the appropriate course of action?

• A. Do nothing until the conflict is disclosed by the client.
• B. File a formal conflict report with the bar.
• C. Disclose, consult the supervising attorney, and, if necessary, withdraw or obtain informed consent; document actions.
• D. Immediately terminate the client relationship.

Answer: (C)

When you suspect a conflict of interest after starting work for a client, the proper approach is to act quickly to manage it. Disclose the potential conflict to the supervising attorney and, if appropriate, to the client, and seek guidance on whether the conflict can be addressed through informed consent or other safeguards, or whether you must withdraw. If the conflict can be addressed, obtain the client’s informed consent after full disclosure of the risks and implications, and implement any necessary protections. If it cannot be cured, you should withdraw from representation to protect the client’s interests and maintain ethical duties. Document every step—disclosures, advice received, decisions made, and the final course of action—to provide a clear record of how the situation was handled. This approach upholds loyalty and competence to the client and avoids proceeding under a potentially compromised representation.