Which action is required if you realize a potential conflict of interest when representing multiple parties and Rule 108 applies?

• A. Return one or both briefs to remove the conflict.
• B. Do nothing and proceed.
• C. Inform the court only if requested.
• D. Seek consent from both sides.

Answer: (A)

When you realize a potential conflict of interest while representing multiple parties and Rule 108 applies, your duty is to remove the conflict so you can continue to act with loyalty and independent judgment. The way to do that is to return one or both briefs, effectively withdrawing from representing one client so the conflicting duties aren’t present. Trying to push ahead or only informing the court would risk compromising your ability to advocate impartially and could violate ethical obligations. Consent from both sides isn’t a sufficient remedy here because a real or potential conflict means you can’t maintain the necessary level of impartial representation for both clients. Returning a brief to eliminate the conflict preserves your professional duties and protects each client’s interests.