Before accepting instructions, how should a barrister respond to a potential conflict?

Before accepting instructions, how should a barrister respond to a potential conflict?

• A. Do nothing until required by the court
• B. Conduct a conflicts check, identify all affected parties, inform them, obtain informed consent after full disclosure, and if consent cannot be obtained, decline
• C. Inform only the client with strongest interest
• D. Seek consent from the court first

Answer: (B)

Before taking on instructions, a barrister must actively manage any potential conflict of interest. The essential approach is to perform a conflicts check, identify every party who could be affected, inform those parties, and obtain their informed consent after full disclosure. If consent cannot be obtained, the barrister should decline to act. This ensures representation without compromising independence or duty to any client, and it aligns with ethical requirements that emphasize transparency and consent from all affected individuals. Other options fall short because they either skip the necessary checks and disclosures, ignore other potentially affected parties, or treat the court as the source of consent. The court doesn’t grant consent to conflicts; consent must come from the affected clients after full disclosure.

Before taking on instructions, a barrister must actively manage any potential conflict of interest. The essential approach is to perform a conflicts check, identify every party who could be affected, inform those parties, and obtain their informed consent after full disclosure. If consent cannot be obtained, the barrister should decline to act. This ensures representation without compromising independence or duty to any client, and it aligns with ethical requirements that emphasize transparency and consent from all affected individuals.

Other options fall short because they either skip the necessary checks and disclosures, ignore other potentially affected parties, or treat the court as the source of consent. The court doesn’t grant consent to conflicts; consent must come from the affected clients after full disclosure.