Can co-defendants have the same lawyer?

Asked by: Wilma Swaniawski  |  Last update: October 23, 2025
Score: 4.2/5 (21 votes)

Co-defendants in a criminal case may be tried together or have separate trials. In either situation, it's possible that one lawyer jointly represents two or more co-defendants in the same case. While that might make sense from a practical viewpoint, judges are typically leery (as are attorneys) of joint representation.

What happens if 2 clients have the same lawyer?

The lawyer should, at the outset of the common representation and as part of the process of obtaining each client's informed consent, advise each client that information will be shared and that the lawyer will have to withdraw if one client decides that some matter material to the representation should be kept from the ...

Why are co-defendants tried separately?

Sometimes one or more co-defendants will argue that a joint trial needs to be severed. This is especially likely if each co-defendant is arguing that the other co-defendant was solely responsible for the crime, or if each co-defendant is attacking the credibility of the other co-defendant's version of events.

Are you allowed to speak to your co-defendant?

Can You Talk to Co-Defendants? If a person is represented by an attorney, then your attorney cannot talk to them without his or her attorney present. That said, you and your attorney can always talk to a co-defendant's attorney.

Can a defendant have multiple lawyers?

4 For example, two solo practitioners may join forces on a large matter, or a lawyer conducting most of the representation independently may bring another lawyer into the matter for a discrete task, such as to draft motions or to consult on an issue where the second lawyer has particular expertise.

Can We Jointly Represent Co-Defendants?

15 related questions found

Why would someone hire two lawyers?

Each attorney can bring a distinct perspective and set of skills to a case. For instance, in a multifaceted legal battle involving both criminal charges and civil lawsuits, a client might hire a criminal defense lawyer as well as a civil litigator to address the different aspects of their legal problems thoroughly.

How do I know if my lawyer is bad?

Any behavior that compromises professionalism, such as rudeness, tardiness, or lack of respect for client confidentiality, should raise concerns about the lawyer's competence. Additionally, ethical misconduct or disciplinary actions by regulatory authorities may indicate a lack of integrity and competence.

Can co-defendants share a lawyer?

Co-defendants in a criminal case may be tried together or have separate trials. In either situation, it's possible that one lawyer jointly represents two or more co-defendants in the same case. While that might make sense from a practical viewpoint, judges are typically leery (as are attorneys) of joint representation.

What happens if a co-defendant pleads guilty?

What that means from a practical perspective is that even if a co-defendant has pled guilty to the drugs, the prosecution against the other defendant can still proceed and the prosecutors can still attempt to acquire a conviction.

Can co-defendants sue each other?

A defendant can sue the plaintiff back, or even sue another defendant in the case. If there's someone else who is not part of the case they think is responsible, they can sue them as well and have them be part of the case.

Can co-defendants testify against each other?

There are cases called the Aranda-Bruton Rule. These cases stand for the proposition that, yes, at a preliminary hearing, a co-defendant's statement can come in against another co-defendant and them as an admission even if the defense attorney doesn't have an opportunity to cross-examine that co-defendant.

Can multiple defendants file one answer?

For instance, each defendant files an answer after a lawsuit is filed, and it can be a substantial amount of work for attorneys to prepare a single answer for each defendant. However, one attorney can represent multiple defendants and they can prepare one answer that is satisfactory for multiple defendants.

Do co-defendants get the same sentence?

Moreover, the Wallace Court affirmed that “[a] district judge is not required to consider the disparity between the sentences of co-defendants.” Id. “'A district judge, however, may exercise his or her discretion and determine a defendant's sentence in light of a co-defendant's sentence.” Id. (quoting United States v.

How do you know if your lawyer is selling you out?

How Can You Tell If Your Lawyer Is Selling You Out?
  • They Regularly Miss Deadlines and Appointments. ...
  • They Show a Lack of Interest in Your Case. ...
  • They Are Pushing You Too Quickly or Forcefully to Settle. ...
  • They Fail to Return or Answer Your Calls. ...
  • They're not Transparent in Billing and Payment Practices.

Can a lawyer betray his client?

Understanding Lawyer Betrayal and Client Rights. Answer: Yes a lawyer can turn against their client in exceptional and rare circumstances, particularly when a client employs the lawyer's services for illicit activities.

What is a motion to disqualify attorney for conflict of interest?

A motion to disqualify counsel is a request made by a party to the court to remove the opposing party's attorney from the case, usually based on a conflict of interest or another ethical violation. (NOTE: Ethical violations are determined by the rules of professional conduct for lawyers.

Why should you never take a plea bargain?

Critics argue that plea bargains can result in innocent people pleading guilty to avoid the risk of a harsher sentence at trial. There are also concerns about the consistency and fairness of plea deals, as well as the potential for prosecutorial overreach.

Can co defendants communicate?

We owe each client a duty of confidentiality and they have to waive, in writing, total confidentiality so we can communicate with the other co-defendant about perhaps an offer in the case or certain circumstances in the case that might affect them.

How often does a judge reject a plea deal?

How Common Is It for Judges to Reject Plea Deals? The frequency of judges rejecting plea deals may vary depending on jurisdiction and individual cases. However, judges do exercise their authority to reject plea deals when they determine that they are not appropriate or just. It is a rare instance, but it does happen.

What is the privilege between co-defendants?

In the civil context, the common interest privilege protects both communications between co-defendants and their counsel in actual litigation as well as potential co-defendants and their counsel.

What if the plaintiff and defendant have the same lawyer?

Can't happen in the US. The plaintiff and defendant must be represented by different firms. It's possible that the same firm has done work for both parties in the past. That firm may be unable to represent either party in this action and couldn't represent both at the same time.

How do co-defendants work?

California Penal Code 1098 (PC) specifies when joint trials should occur. It states that when two or more co-defendants are charged together for any offense, they should be tried jointly unless the court orders the trials to be separated.

What not to tell your lawyer?

Eight Things You Shouldn't Say to Your Lawyer
  • Do Not Say Anything to Your Attorney That Is Not True. ...
  • Do Not Exaggerate Your Injuries When Talking to Your Lawyer. ...
  • Do Not Tell Your Lawyer to Act On Your Behalf and Take Other Action Without Their Awareness.

Can I sue my lawyer for not doing his job?

Lawyers may make mistakes from time to time. A claim of malpractice may exist if your lawyer exhibited negligence in your representation. If your lawyer's negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.

What is the most common complaint against lawyers?

According to the ABA, the most common attorney discipline complaints filed with the bar association involve:
  • Neglect.
  • Lack of communication.
  • Misrepresentation or dishonesty.
  • Scope of representation.
  • Fee disputes.