When does an actual conflict of interest exist for a barrister?

• A. Competing duties to two clients in the same matter
• B. Confidential information of one client would likely be used to the detriment of another
• C. Either A or B
• D. There is no conflict unless a court orders it

Answer: (C)

An actual conflict arises whenever there are real competing duties or a real risk that confidential information could harm another client. If two clients have opposing interests in the same matter, the barrister cannot loyally represent both without compromising one client’s position. Likewise, if confidential information from one client could be used to the detriment of another, the barrister’s ability to represent each client impartially is compromised. Either situation creates a live, practical conflict that can’t be resolved by mere formalities. A court order does not create or cure such conflicts; they exist independently of any direction from the court.