Joint Representation: Concurrent Conflicts of Interest
Definition of Joint Representation
Joint representation is a specific type of concurrent representation.
Concurrent representation: A lawyer represents multiple clients at the same time.
Joint representation: A lawyer represents multiple clients at the same time in the same case.
In litigation, this often involves representing co-defendants or co-plaintiffs.
Acceptability and Risks
Joint representation is permitted but not particularly encouraged.
It presents an inherent risk of material limitation, potentially violating duties to clients under Model Rule 1.7.
The fundamental analysis is relatively simple, based on the comments to Model Rule 1.7.
Conditions for Joint Representation
Joint representation is permissible as long as clients' interests are aligned.
Problems arise when the interests of the clients diverge.
Failure to address these problems can lead to the lawyer's withdrawal from representing all clients.
Guidance from Model Rule 1.7
Comment to Model Rule 1.7 explains that representing co-plaintiffs or co-defendants may be improper if:
There is a substantial discrepancy in the parties' testimony.
There are substantially different possibilities of settlement.
Confidentiality and Attorney-Client Privilege
Joint representation impacts the duty of confidentiality and attorney-client privilege.
The court case A versus B versus Hill Wallach suggests obtaining client agreement on the limits of confidentiality before undertaking joint representation.
Representation becomes inadequate if one client prevents the lawyer from sharing information with the other client.
Resolving Confidentiality Issues
Address potential confidentiality issues by ensuring clients agree and understand that information will be shared during the representation.