How should a solicitor manage conflicts of interest?

• A. Identify conflicts; avoid or obtain informed consent; withdraw if in doubt
• B. Choose the side with higher fees
• C. Ignore conflicts if client requests
• D. Only document conflicts, no action

Answer: (A)

When a solicitor might not be able to act with independent professional judgment because of another interest or duty, the priority is to protect the client's interests and maintain professional integrity. The proper approach is to spot conflicts early and deal with them by either avoiding the conflict altogether, or if it cannot be avoided, obtaining informed consent after full disclosure from all affected clients, with appropriate safeguards. If the conflict cannot be managed or there is any doubt that independent judgment could be compromised, the solicitor should withdraw from the matter. Merely choosing the side with higher fees is unethical, and ignoring conflicts even at a client’s request or simply documenting the conflict without taking action do not meet professional obligations.