can a lawyer decide what sides to represent both

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?

When two or more people are charged with the same crime, they’re considered “codefendants.” They may be tried together, or they may have separate trials. Either way, the same lawyer may represent the codefendants.

Can a lawyer represent the same person in two s?

Yes, the rule permits different lawyers in one firm to act: one for the transferor and the other for the transferee provided that there is no violation of the rules in Section 3.4 [Rule 3.4-16.8]. The lawyers must ensure that there is no conflict of interest that would preclude them from accepting such a retainer.

Can one lawyer represent both husband and wife?

Can one lawyer represent both spouses in our divorce? No. It is neither practical nor ethical for a lawyer to represent both the husband and the wife in their divorce (or, for that matter, opposing parties in any other kind of domestic relations action). This is because any action by one person against another automatically pits two people’s ...

Is it possible for one lawyer to represent both?

That's because the lawyer has a legal obligation to protect his or her client's interests, and it's difficult-if not impossible-to do that when you're representing two parties whose interests are in conflict. There are, however, limited circumstances when a real estate attorney can represent both the seller of a property and the buyer.

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.

Can two people be represented by the same law firm?

If attorneys have multiple clients in the same matter, they must disclose the existence of any current or potential conflicts, and where possible and proper, obtain waivers of such conflicts in compliance with the applicable rules of professional responsibility.

Can 2 different lawyers from the same firm represent opposing parties?

Rule 1. (a) A lawyer shall not represent opposing parties to the same litigation. (2) reasonably appears to be or become adversely limited by the lawyer's or law firm's responsibilities to another client or to a third person or by the lawyer's or laws firm's won interests.

Can a lawyer switch sides?

Lawyers for the Profession® 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.

Why would a lawyer have a conflict of interest?

An attorney should represent the client without having their judgment affected by other parties. This type of conflict may arise when a client's fees are being paid for by a third party. An example would be a minor who needs representation and whose fees are being paid for by their parents.

What is the rule about simultaneously representing two clients whose interests are adverse?

(a) A lawyer shall not, without informed written consent* from each client and compliance with paragraph (d), represent a client if the representation is directly adverse to another client in the same or a separate matter.

Can one lawyer represent two defendants?

However, the court held that if there is a knowing and intelligent waiver, an attorney could represent both a husband and wife as co-defendants, or any potential 2 co-defendants.

What is considered a conflict of interest?

What is a Conflict of Interest? A conflict of interest occurs when an individual's personal interests – family, friendships, financial, or social factors – could compromise his or her judgment, decisions, or actions in the workplace. Government agencies take conflicts of interest so seriously that they are regulated.

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.

Is there an attorney-client relationship?

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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.

Can a divorce lawyer represent you?

An attorney’s job is to represent your interests and they can’t do that if they also have to represent the other side.

Can a lawyer represent both parties in a divorce?

One lawyer cannot represent both parties in a divorce, as it’s considered to be a conflict of interest. Still, there are many ways you can handle your divorce and make it less uncomfortable for both sides: hiring a mediator, representing yourself, settling things out of court, and both getting your separate representatives.

Should I get a lawyer for my divorce?

If you and your spouse agree neither want to get lawyers involved, you should still meet with one to help you understand your rights before you go through with the divorce. They can also help you reach a better understanding of how refusing to hire a legal professional can affect your rights during your divorce, which can be useful to know.

Can a mediator help with divorce?

If you and your spouse want to settle things out of court, but you’d still like to receive legal assistance during your divorce, you can seek the help of a mediator. They won’t be able to give you legal advice, but they can educate you on your rights and help you achieve the best outcome and maximum satisfaction for both parties.