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When deciding if a client's consent to a conflict of interest will be upheld, a court will typically examine factors like: the clarity and extent
When deciding if a client's consent to a conflict of interest will be upheld, a court will typically examine factors like: the clarity and extent of disclosure provided to the client, the client's level of sophistication and understanding, the potential severity of the conflict, the safeguards implemented to protect confidential information, and whether the client had a reasonable opportunity to seek independent legal advice; ensuring that the consent was truly "informed" and not obtained under undue pressure
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