How should a solicitor respond to a conflict of interest?

• A. Identify, disclose, consider potential waivers with informed consent, and if necessary decline or terminate representation
• B. Ignore the conflict and proceed
• C. Delay decision indefinitely
• D. Refer to another firm without consent

Answer: (A)

When a solicitor faces a conflict of interest, the priority is to protect the client and uphold professional duties by managing the risk. Start by identifying any actual or potential conflict as soon as it arises. Then disclose the situation to the affected client(s) in clear terms, outlining how the conflict could affect loyalty, independent judgment, and confidentiality, and what options exist. If the conflict can be managed, seek informed consent from the client(s) — a waiver after full disclosure, ideally in writing — so representation can proceed with safeguards in place. If the conflict cannot be managed or informed consent cannot be obtained, decline or terminate the representation to avoid compromising duties. Ignoring the conflict, delaying decisions, or referring a client to another firm without consent would undermine trust and violate professional rules.