What should a barrister do if a potential conflict is disclosed after engagement?

Get ready for the Queensland Bar Ethics Examination with multiple-choice questions, detailed explanations, and important study aids to ensure you pass your exam confidently!

Multiple Choice

What should a barrister do if a potential conflict is disclosed after engagement?

Explanation:
When a potential conflict is disclosed after engagement, you must address it without delay. Run a conflicts check to verify whether there is now a real, potential, or perceived conflict and assess whether continuing would undermine your duty to the client, your independence, or confidentiality. If the conflict cannot be managed or waived in a way that protects those duties, withdrawal from the matter is the appropriate course. This keeps the representation fair and trustworthy and protects the client’s interests. Ignoring the disclosure, delaying it, or automatically informing the other party would be inappropriate. If the conflict can be safely managed with proper safeguards (and, where allowed, informed consent), continuation may be possible, but only after a careful assessment.

When a potential conflict is disclosed after engagement, you must address it without delay. Run a conflicts check to verify whether there is now a real, potential, or perceived conflict and assess whether continuing would undermine your duty to the client, your independence, or confidentiality. If the conflict cannot be managed or waived in a way that protects those duties, withdrawal from the matter is the appropriate course. This keeps the representation fair and trustworthy and protects the client’s interests. Ignoring the disclosure, delaying it, or automatically informing the other party would be inappropriate. If the conflict can be safely managed with proper safeguards (and, where allowed, informed consent), continuation may be possible, but only after a careful assessment.

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