can a lawyer chose which sides to represent in a case

One lawyer cannot represent both sides of the case. There are no two ways about this, period! The lawyer is either your lawyer or her lawyer. The lawyer may meet with both of you to get information to prepare the case, but sooner or later, you are going to discover the lawyer is representing one of you and not the other.

Full Answer

Can one lawyer represent two people for the same case?

A lawyer cannot represent the opposite party in a lawsuit, no. Ethics rules make it absolutely impossible. If a lawyer tried to do such a thing, the judge would dismiss him from the case and the lawyer would probably get reported to the ethics board of his state.

Can a lawyer represent the same person in two s?

May 14, 2016 · Posted on May 14, 2016. Normally it is a conflict of interests for an attorney to represent both the defendant and the plaintiff in a law suit.It is hard to fight for both sides and represent both sides equally. If you already have an attorney, you should be asking your questions of him, unless you sense a conflict of interest, at which point you may want to speak to a …

Can one lawyer represent both husband and wife?

Conflict of Interest by Attorneys Appearing To Switch Sides from One Client to Another. Conflicts of Interests cases involving lawyer which laypersons may claim show a lawyer “switching sides” are sometimes difficult because the lawyers do not see a conflict and laypersons do. These cases involve the “delicate and sometimes difficult task of balancing competing interests: the …

Is it possible for one lawyer to represent both?

What the Lawyer Decides in a Case. In broad terms, the decisions a lawyer makes in a case are related to strategy or tactics, or technical questions related to procedure. These decisions are the lawyer’s because they usually do not “materially affect” the client’s interests. See Model Rule 1.2. Tactical or strategic decisions may ...

Can a lawyer defend both sides?

On the one hand, the rule sensibly says that a lawyer cannot serve two parties who are directly adverse in the same matter; it also bars representation “when there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former ...Oct 30, 2012

What happens when lawyers switch sides?

A California Court of Appeals held that when an attorney switches sides in a case, moving from a law firm representing one party to a law firm representing an adverse party, but only stays at the new firm for a short time, the new firm is not automatically disqualified.Jan 31, 2018

Can a lawyer represent two opposing clients?

The California Rules generally permit a lawyer to represent multiple clients with conflicting interests so long as all the clients have provided their informed written consent.May 1, 2020

Can a lawyer represent two defendants in the same case?

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. As a practical matter, it is rarely advisable for an attorney to represent co-defendants charged in the same crime or criminal conspiracy.Apr 29, 2014

Can lawyers represent family?

Can a lawyer advise friends, family members and their spouse? Lawyers are allowed to advise friends, family members, spouses and other people with whom they are acquainted. A lawyer is not in a conflict of interest simply because the lawyer is representing a family member or a friend.

What are some examples of conflicts of interest?

Some types of conflicts of interest include:Nepotism. ... Self-dealing. ... Gift issuance. ... Insider trading. ... Review the employee handbook. ... Attend business ethics training. ... Report conflicts of interest. ... Disclose.Apr 1, 2021

What would be considered a conflict of interest with a lawyer?

[8] Even where there is no direct adverseness, a conflict of interest exists if there is a significant risk that a lawyer's ability to consider, recommend or carry out an appropriate course of action for the client will be materially limited as a result of the lawyer's other responsibilities or interests.

Can the same lawyer represent co accused?

For preferred supplier private law practices, different lawyers in the same practice can represent co-defendants with the approval of an External Review Officer.Nov 8, 2021

Can co accused have the same lawyer?

Representing Co-Accused There is no fixed rule preventing a lawyer from representing multiple co-accused. When representing multiple co-accused there is always the risk of conflict.

Can a lawyer represent codefendants?

Rule 4-1.7 addresses a lawyer's duty of loyalty when representing codefendants. It provides, in pertinent part: (a) Except as provided in Rule 4-1.7(b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest.Jun 9, 2021

Is there an attorney-client relationship?

No Attorney-Client Relationship or Legal Advice Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not...

Is it a conflict of interests for an attorney to represent both the defendant and the plaintiff in a law suit

Normally it is a conflict of interests for an attorney to represent both the defendant and the plaintiff in a law suit.It is hard to fight for both sides and represent both sides equally.

What is scope of representation?

From the outset of the case, the lawyer and client should determine the “scope” of the representation. They will set forth the goals of the representation. Some goals are short-term, such as closing on a piece of property, and sometimes they are long-term, as in providing ongoing advice for a corporation.

What are tactical decisions?

Tactical or strategic decisions may involve the following: 1 the choice of motions; 2 the scope of discovery; 3 which witnesses to call; 4 the substance of the direct and cross-examination.

Do you have to abide by client wishes?

The ethical rules, however, hold that if the strategic decision would not materially prejudice the rights of your client, as in this situation, you do not have to abide by your client’s wishes. Generally, on issues of court procedures, granting continuances and extensions, and waivers of procedural formalities, the lawyer has discretion.

What happens if a lawyer cannot represent all parties?

If all conflicts cannot be resolved, the lawyer cannot continue to represent all parties. Under Rule 1.16 (a), the lawyer must withdraw from a representation if he or she determines that the representation will result in violation of the rules of professional conduct or other law.

What is the rule for a lawyer who represents two or more clients?

Settlement raises a number of difficult issues when representing multiple plaintiffs. Rule 1.8 (g) provides that: "A lawyer who represents two or more clients shall not participate in making an aggregate settlement of the claims of or against the clients . . . unless each client consents after consultation, including disclosure of the existence and nature of all the claims . . . involved and of the participation of each person in the settlement." See Rule 1.8. Under Model Rule 1.2 (a), a lawyer must abide by a client's decisions concerning the objectives of representation and whether to accept an offer of settlement.

What is the problem implicated by successive representation?

The problem implicated by successive representation is the potential for the use of confidences gained from a former client to the detriment of that client. A related problem is the failure to use information favorable to the present client in order to protect the confidentiality of the former client.

Why were plaintiffs' lawyers hired?

As part of the settlement agreement the plaintiffs' lawyers were hired for a fee by the defendant employer to provide advice regarding its employment practices . As a result the plaintiffs' lawyers were conflicted out of future cases against the defendant employer.

Can an outside counsel represent both a defendant employer and its managerial or supervisory employees who are also individual defendants?

The issue of whether in-house or outside counsel can represent both a defendant employer and its managerial or supervisory employees who are also individual defendants, which frequently occurs in other legal contexts (e.g., white collar defense and securities derivatives litigation), has become increasingly important in employment discrimination litigation.

Can a lawyer proceed with a counterclaim?

The Committee made clear, however, that a lawyer can proceed with such representation only if the lawyer concludes that zealous representation is possible and obtains fully informed consent. Another problem can arise when a defendant files a counterclaim against one of the plaintiffs.

Can two jurisdictions adopt the same version of the Model Rules?

It must be emphasized that even if two jurisdictions have adopted the same version of a provision of the Model Rules (or the Model Code), the interpretation of that provision by the courts and committees on professional conduct may significantly differ between the two jurisdictions.

Who decides who wins or loses a case?

It is, after all, the jury that decides the verdict of a case, who wins and who loses. From the plaintiff’s standpoint, they are a chance to get justice and hold a guilty party accountable for a crime or other wrong. In a civil case, the jury will determine the degree of fault any given party holds, which will have a direct effect on ...

Why do lawyers pick jurors?

Selecting the jury is the only time an attorney has the opportunity to discover the life experiences, biases, beliefs, and attitudes of the people who will decide their case. The last thing any attorney wants is for bias to come out during the trial. Thus, how lawyers pick jurors is an essential indicator of the experience and knowledge ...

What is the good and bad about a plaintiff juror?

When the plaintiff picks jurors, they’re looking for those who are very sympathetic, who are willing to view the prosecution as the victim in the case. Very often, union employees make for good prosecution jurors as they are used to fighting injustice.

What is the purpose of a plaintiff telling a jury a story?

The plaintiff will tell a jury a story of how their client was victimized by the defense, how they’ve suffered at the hands of the defendant.

What does "undesirable" mean in jury selection?

In this case, “undesirable” means people who are likely to sympathize with the defense.

What is jury selection?

Jury selection is a bit like ping pong, volleyball or tennis game where there’s no out of bounds. The ball is always in motion, and there’s a constant back-and-forth going, where it’s important to always react to what you’re getting, without hesitation.

What is the difference between winning and losing a case?

Picking the right jury is the difference between winning and losing a case. The greatest mistake that an attorney will make is trying to find a jury that’s biased towards their side, rather than trying to find one that’s as impartial as possible. Trying to find a jury that’s anything less than fair can be a fast path to losing a case , and a good lawyer knows this.

Frank Wei-Hong Chen

No, probably not. Most likely there is a conflict of interest, but without knowing the nature of the new civil lawsuit, no one can really conclude one way or the other. An attorney may be disqualified if the former client can show that they had a “direct professional relationship…in which the attorney personally provided legal advice...

Jemal K Yarbrough

This is a very complicated issue and you should consult an attorney. While all of the advice given previously is excellent, what concerns me is the relationship between you and the "attorney sub". What was the nature of the relationship? Was he or she making a special appearance on behalf of the other...

Nicholas Basil Spirtos

The fact that he represented you before could create a conflict, but not always one sufficient enough to disqualify him from representing the other party. The original case was criminal, and this one appears to be civil. There may be enough difference in the two that it would be okay.

Michael John Eyre

California’s Rules of Professional Conduct, Rule 3-310 (E) provides that an attorney “shall not, without the informed written consent of the client or former client, accept employment adverse to the client or former client where, by reason of the representation of the client or former client, the member has obtained confidential information material to the employment.” A former client, therefore, may seek to....

Who is the judge in the court of law?

A judge has the most prominent of all the roles in a court of law. The judge is either a man or a woman who presides over a court of law. Most judges preside alone but sometimes preside as part of a panel of judges or other legal professionals. A judge typically presides over a physical courtroom facility, but sometimes conducts court via two-way ...

What is a defendant in a civil case?

A defendant is any party who is required to answer the complaint of a plaintiff in a civil lawsuit before a court or any party who has been formally charged or accused of violating a criminal statute. In criminal cases, the defendant is also referred to as the accused. In criminal law, a defendant is anyone tried under the court ...

How are potential jurors selected?

Potential jurors are selected by legal counsel (lawyers and attorneys) from what is known as a jury pool. The pool is created from citizens who are chosen at random in the local jurisdiction. Those chosen jurors listen and observe as the court case is presented by the legal counsel of the plaintiff and the defendant.

What is a plaintiff in a lawsuit?

A plaintiff, also known as a claimant or complainant, is the legal term used in some jurisdictions for the party who initiates a lawsuit before a court. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue a judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages).

What does "Judge" mean in court?

In many states throughout the United States, a judge is addressed verbally as “Your Honor” or “Judge” when presiding over the court. “Judge” may be more commonly used by attorneys and staff, while either may be commonly used by the plaintiff or defendant in the court room. In some situations, you may hear the term “Justice ...

What is a jury?

A jury, which is sometimes referred to as a court jury, is a sworn body of people convened to render an impartial verdict (which is basically the finding of fact on a legal-related question) officially submitted to them by a court, or to set a penalty or judgment in a court case.

How is a lawsuit commenced?

In some jurisdictions, the commencement of a lawsuit is done by filing a summons, claim form, and/or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a demand for relief. In other jurisdictions, the action is commenced by service of legal process (process service) ...

What happens when an attorney is not competent to continue the representation?

the attorney is not competent to continue the representation. the attorney becomes a crucial witness on a contested issue in the case . the attorney discovers that the client is using his services to advance a criminal enterprise. the client is insisting on pursuit of a frivolous position in the case. the attorney has a conflict of interest ...

What does it mean when an attorney withdraws from a case?

When an attorney withdraws in the middle of a client's case, that withdrawal is usually categorized as either "mandatory" or "voluntary." In this article, we'll explain the difference between these two processes, along with some examples of each. Keep in mind that with either type of withdrawal, the attorney usually needs to ask for and obtain the court's permission before ending representation of one of the parties in a civil lawsuit in the middle of the case.

What does it mean when a client refuses to pay an attorney?

the client is refusing to pay the attorney for his or her services in violation of their fee agreement. the client is refusing to follow the attorney's advice. the client is engaged in fraudulent conduct, and.

What is the obligation of an attorney to cooperate with the client?

The attorney must cooperate with the client's new counsel and must hand the client's complete file over as directed. An attorney who has withdrawn from representation has a continuing professional obligation to maintain the confidentiality of all matters within the attorney-client relationship, so for example the attorney cannot become ...

Is an attorney's withdrawal from a case mandatory?

An Attorney's Mandatory Withdrawal. If the circumstances require that the attorney withdraw from representation, the withdrawal is considered mandatory. Situations that could give rise to an attorney's mandatory withdrawal from a case include: the attorney becomes a crucial witness on a contested issue in the case.