When does a conflict exist among multiple clients?

A conflict exists among multiple clients when there is a significant risk that the attorney's representation of one client could limit the representation of another due to issues of loyalty, interests, or goals. This situation arises because an attorney has a duty to the client to act with loyalty and to prioritize their best interests. When clients have competing interests, the attorney may find it difficult to balance the responsibilities owed to each, leading to a situation where the interests of one client may adversely impact the other’s case.

The presence of differing legal backgrounds or a collective desire to resolve issues does not inherently create a conflict. Likewise, merely having conflicting instructions does not automatically signify a substantial risk that representation will be compromised. It's the potential for divided loyalty that triggers the necessity for the attorney to carefully assess whether a conflict is present and to take necessary measures, such as securing informed consent from both clients or declining representation if no resolution is feasible.