Which statement is true regarding conflicts of interest?

• A. A conflict may be resolved by the lawyer's personal belief in objectivity.
• B. If both clients give informed written consent, representation despite a conflict is permitted.
• C. Unwaivable conflicts can be cured by later consent.
• D. A client's personal preferences automatically waive conflicts.

Answer: (B)

The main idea being tested is that conflicts of interest between clients can be ethically resolved when both affected clients give informed written consent to the representation. This consent acknowledges the nature of the conflict, the risks to loyalty and zealous representation, and the possibility that the lawyer may not be able to advocate equally for both sides. If those conditions are met—the lawyer can competently handle the matter for both clients, the representation isn’t prohibited by law, and each client gives informed written consent—proceeding is permitted.

Why this is the best answer: requiring informed written consent from all affected clients ensures they understand the potential downsides of parallel representation and agree to it, which protects their interests and preserves the attorney’s duties. The consent must be informed, meaning the clients are told about the conflict, the implications, and any alternatives, and it must be in writing to be effective. This aligns with the ethical framework that allows curing a consentable conflict through client agreement.

Why the other statements aren’t correct: a lawyer’s personal belief in objectivity does not, by itself, cure a conflict; duties to clients and the need to avoid loyalty conflicts require more, namely informed client consent and careful evaluation of the ability to represent each client competently. Some conflicts are unwaivable and cannot be cured by later consent, such as conflicts that would inherently place loyalty to one client in tension with the other in a way that cannot be mitigated. And a client’s personal preferences do not automatically waive conflicts; only informed written consent, when applicable, can do so.