What risks are involved when a lawyer simultaneously represents two or more clients on the same side of litigation?

Can a lawyer represent two defendants in the same case?

Can a criminal defense lawyer represent co-defendants who may be charged in the commission of the same crime or series of crimes? The answer is a qualified, “Yes,” provided that there are no conflicts between the defendants that require the attorney to choose which client to more vigorously represent.

What are the two major causes of conflict of interest in law?

There are two different sets of circumstances which may constitute a concurrent conflict of interest. One is when the representation of one client would be directly adverse to the other client. [4] This occurs when the interests of one client requires the lawyer to act against the interest of his other client.

What does it mean if a lawyer has a conflict?

A conflict of interest exists, however, if there is a significant risk that a lawyer's action on behalf of one client will materially limit the lawyer's effectiveness in representing another client in a different case; for example, when a decision favoring one client will create a precedent likely to seriously weaken ...

What is concurrent representation?

concurrent representation means a situation in which a brokerage or an industry member represents two or more parties to a trade whose interests are seen to be in conflict. Sample 1.

What is the 1.7 rule?

[1] Rule 1.7 is intended to provide clear notice of circumstances that may constitute a conflict of interest. Rule 1.7(a) sets out the limited circumstances in which representation of conflicting interests is absolutely prohibited even with the informed consent of all involved clients.

Can the same lawyer represent both parties?

As per the laws of the Law Society, an attorney cannot represent both parties simultaneously to avoid any possibility of conflict of interest. This is because both the parties will pressured for better rates and higher profits. However, the parties are allowed to hire different lawyers from the same law firm.

Why is conflict of interest with a client an issue for the legal team?

A conflict of interest is a compromising influence that is likely to negatively affect the advice which a lawyer would otherwise give to a client. A conflict of interest can adversely affect a lawyer's judgment, loyalty, and ability to safeguard the interest of a client or prospective client.

What are some examples of conflicts of interest?

Can clients consent to simultaneous representation?

Pursuant to rule 1.7 of the Rules of Professional Conduct, lawyers must obtain the clients' informed written consent to the joint representation if there is a “significant risk” that the representation of one client will be “materially limited” by the representation of another client.

Can 2 lawyers from the same firm represent opposing parties?

It is feasible (albeit far from ideal) with the informed consent of the clients for two lawyers in the same firm to represent parties opposed in interest. Joint retainer agreements will typically spell out that in the event of a conflict, the law firm may decline to continue to represent one or all of the clients.

Which of the following is a concurrent conflict that often prohibits the lawyer from representing both parties?

Which of the following is a concurrent conflict that often prohibits the lawyer from representing both parties? All of the above; representing spouses in a dissolution of marriage, representing passenger and driver in a car accident case, representing two criminal defendants in one case.

What are the rules of conflict of interest?

Under the Act, a public official has a disqualifying conflict of interest in a governmental decision if it is foreseeable that the decision will have a financial impact on his or her personal finances or other financial interests.

What is considered conflict of interest in court?

n. a situation in which a person has a duty to more than one person or organization, but cannot do justice to the actual or potentially adverse interests of both parties.

What happens if a lawyer has a conflict of interest?

If a conflict does arise between the clients' interests, the lawyer or law practice must cease acting for one or both of the parties immediately.

When should a law firm conduct a conflicts check?

Remember that conflict checking is not one and done, but an ongoing process. You check at the intake stage, when a new party enters the action, and when a new attorney becomes involved. Being proactive with ongoing conflicts checks helps to protect your client and to guard against malpractice.

What is conflict of interest in legal ethics?

The rule concerning conflict of interest prohibits a lawyer from representing a client if that representation will be directly adverse to any of his present or former clients.

What are the consequences of conflict of interest?

When conflict of interest does occur, it can erode public and internal trust, damage the organization's reputation, hurt the business financially, and in some cases, even break the law. This issue impacts organizations across the board – non-profits, public sector, and private sector.

Is conflict of interest a crime?

Like other types of illegal or unethical activities, conflict of interest activities carry the risk of consequences. Federal and state laws have been set up to criminalize conflicts of interest in the public sector, and in certain circumstances, conflict of interest can result in prosecution.

What are the 4 types of conflict of interest?

Can a lawyer represent multiple defendants?

See AMERICAN BAR ASSOCIATION, CODE OF PROFESSIONAL RESPONSIBILITY [hereinafter cited as ABA CODE], Disciplinary Rule [hereinafter cited as DR] 5-105(C): "[A] lawyer may represent multiple clients if he reasonably determines that he can adequately represent the interest of each and if each consents to the representation ...