As you can imagine, if a dispute is not waivable, the lawyer cannot represent both parties even if they give their consent. When two people are opposed. The Model Rules of Professional Conduct require that lawyers avoid being represented if there is a conflict of interest, but is there a conflict if the lawyer represents more than one client in the same legal matter? Although it may seem like an automatic lawsuit for legal negligence, this isn't always the case. Because this topic is so complicated, it's helpful to better understand how this type of relationship may or may not be legal before moving forward with a legal negligence lawsuit.
Joint representation means that one lawyer represents several co-defendants. At first glance, it seems that this would make sense. Analyze the armed robbery case and you would think that both defendants would present the same defenses. Having a lawyer seems practical and inexpensive. But that's not always, or even the usual, the case.
In most cases, during a business transaction, both parties cannot hire the same attorney. However, they may hire different attorneys from the same law firm. If a buyer and seller have the same lawyer, an ethical conflict of interest is created and the lawyer will not be able to represent both parties well. There are some exceptions to this rule, described in the Rules of Professional Conduct. Most of the time it's wiser for spouses to seek legal advice separately rather than retaining the same legal office to fight for both.
At the Joslyn Law Firm in Columbus, OH, we normally recommend that, when both spouses are facing criminal charges, they hire us to handle one of their cases and then we have a list of highly reputable attorneys that we have worked with many times and that we will suggest to the second spouse. It's not unusual for an attorney to represent more than one person in a case. The lawyer must ensure that each person is represented in the best possible way without any type of conflict. It's something you should be very careful about.
For 12 years, Rebecca was a legislative analyst and lawyer in the Minnesota House of Representatives, providing nonpartisan legal research and drafting services to all 134 members. The best way to avoid this risk is for one of the parties to seek different representation that can work well with the initial attorney. Courts must also explain to co-defendants that they are entitled to the effective assistance of an attorney, including representation by independent attorneys.
Criminal defense
attorneys have a duty of loyalty to their clients, and representing both spouses can present situations where the interests of one spouse conflict with the interests of the other.A transaction lawyer cannot represent both parties in a merger and acquisition transaction, nor can they ensure the best interests of both parties during a business transaction. Ultimately, the decision to share legal representation or seek independent attorneys involves weighing the risks. Even with signed conflict waivers, the lawyer must be sure that there will be no material limitations on their representation. However, some ethical responsibilities may still make it inadvisable to act on behalf of two parties that have related interests, and joint representation increases the likelihood of a conflict of interest.
However, it is more difficult for a lawyer to represent two defendants at the same time and it is important to understand the potential advantages and disadvantages of each approach. If you face potential jail time for criminal charges, but you can't afford to hire your own lawyer, the court will normally appoint a public defender or private attorney to represent you free of charge. If a lawyer represents both the alleged thief and the driver of the escape, that lawyer would have to choose which defense to present, given that the defenses conflict (one defense recognizes that the defendants committed the alleged crime and the other denies it). The American Bar Association (ABA), a group of legal professionals from across the country, notes that, in some situations, an attorney can represent several clients in the same matter. In either situation, an attorney may jointly represent two or more co-defendants in the same case.
Not all situations have a waivable conflict of interest, such as representing a prosecutor and a defendant in a criminal trial.
