Describe how you would handle a potential conflict of interest that arises after you've begun work on a client's matter.
Junior attorneys must identify and address conflicts quickly to comply with ethical rules (model rules/ABA/firm policies) and protect client confidentiality. This tests ethics awareness, practical process knowledge, and communication skills.
How to answer
- Start by referencing the relevant ethical duty (e.g., duty of loyalty/confidentiality and model rules applicable in the U.S.).
- Describe the practical steps you would take: stop work if appropriate, notify supervising counsel, run a conflicts check, and gather facts about the new conflict.
- Explain how you would document your actions and follow firm conflict-w clearance procedures (e.g., obtaining waivers if permissible).
- Discuss client communication: how you'd inform the supervising partner and what you would tell the client depending on the outcome (with partner approval).
- Mention mitigation measures if continued representation is allowed (ethical screens, informed consent, limited scope, or withdrawal).
- Highlight timely escalation — when to involve a partner or the firm's ethics/compliance counsel.
What not to say
- Claiming you would continue working without checking conflicts or notifying anyone.
- Saying you don't know the rules or that conflicts are only a partner's responsibility.
- Suggesting informal or undocumented waivers from clients without following firm policy.
- Focusing only on internal firm process and ignoring client communication and ethical rules.
Sample answer
“If I discovered a potential conflict after starting work, I would immediately pause substantive work and notify my supervising partner. I would run a formal conflicts check and gather facts about the new party or matter. If the check confirmed a conflict, I would consult firm policy and our ethics counsel about whether an informed consent waiver is possible. I would document all steps and, with partner approval, communicate transparently with the client about any impact on representation. If withdrawal were necessary, I would assist with an orderly transition to protect the client's interests. This approach follows ABA model rules and my firm's conflicts procedures.”
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