Can an attorney represent a client even when it conflicts with their own interests?

Prepare for the Manual of Patent Examining Procedure Exam. Study with quizzes and multiple-choice questions, with hints and explanations. Master the MPEP content and excel in your exam!

An attorney can represent a client even when there is a conflict of interest, provided certain conditions are met. Specifically, if the applicant gives informed consent and the attorney believes that the representation will not adversely affect their ability to represent the client, the attorney may proceed with the representation. This principle is grounded in the American Bar Association's Model Rules of Professional Conduct, which allows for such arrangements under clearly defined circumstances.

In this situation, the attorney must fully disclose the potential conflict to the client and ensure that the client is aware of the potential implications. If the attorney honestly believes they can provide competent and diligent representation despite the conflict, and if the client consents to the representation after understanding the situation, then it is permissible to continue.

This approach encourages transparency between the attorney and the client, allowing the client the autonomy to make informed decisions about their legal representation, even in the face of potential conflicts. Thus, this answer reflects the nuanced understanding of ethics in legal representation, relying on consent and the attorney's judgment about their capacity to act in the client's best interest.

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