Paralegal Advanced Competency Exam (PACE) Practice Exam

When does a concurrent conflict occur?

1. When a lawyer represents two clients with opposing interests

2. When a new client wants to sue an old client

3. When a past client conflicts with a new client

4. When a lawyer switches sides in a case

The correct answer is: When a past client conflicts with a new client

A concurrent conflict occurs primarily when there is a situation where a lawyer's representation of one client is directly adverse to another client or when there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client or by the lawyer's own interests. The correct choice, which indicates that a past client conflicts with a new client, aligns with the idea that previous representation can limit a lawyer's ability to effectively represent a new client if the matters involved are substantially related. In such scenarios, the knowledge gained during the representation of the past client may materially affect how the current case is handled, thereby creating a conflict. While the other options do touch upon situations that may similarly involve conflicts, they don't capture the specific nature of concurrent conflicts as clearly as the correct choice. For instance, representing clients with opposing interests would typically be categorized as direct adversity rather than a nuanced conflict linked to the history of representation. Additionally, wanting to sue an old client or switching sides may imply different ethical situations and obligations rather than establishing a concurrent conflict per se, emphasizing the importance of recognizing the ramifications of past client relationships in current representations.