What is the initial step in determining a conflict of interest?

The initial step in determining a conflict of interest is to assess whether a conflict exists. This assessment involves analyzing the relationships, interests, and situations surrounding the parties involved. By evaluating these factors, the lawyer can determine if the representation of one client would adversely impact the representation of another due to potentially conflicting interests.

Understanding whether a conflict exists is crucial because it lays the foundation for subsequent steps, such as consulting with the parties involved or reviewing past cases. If a conflict is identified at the outset, the lawyer is then in a position to take appropriate actions to either manage the conflict through informed consent or to withdraw from representing a party to avoid ethical violations. Therefore, the assessment of the conflict is the most critical initial step in this ethical obligation.