2025 California Bar Professional Responsibility Practice Test – Complete Exam Prep

When a lawyer discovers that the opposing counsel is a close relative, the ethical duty requires the lawyer to prioritize their client's interests and ensure that there is no conflict of interest. Obtaining informed consent from the client before representing them in a matter where the opposing counsel is a relative is crucial. This is because the relationship may create a perception of bias or loyalty that could affect how the lawyer represents their client.

In this context, informed consent involves explaining to the client the nature of the relationship, potential implications for the case, and any risks involved in proceeding. This allows the client to make an educated decision about whether they are comfortable proceeding with the lawyer under those circumstances.

While disclosing the relationship to the court could be seen as a possibility, it is not a definitive requirement in every scenario. Withdrawal from the case might be considered in certain circumstances, but it is not automatically necessary, especially if informed consent is obtained. Thus, seeking the client's informed consent is the most appropriate action a lawyer should take in this situation.