Attorneys have an obligation of candor which means we must be open and forthright. As I understand your question you want to know if we must disclose to an adverse party that we represent the other party in the action. I think that depends on the circumstances.
Special Considerations in Common Representation In considering whether to represent multiple clients in the same matter, a lawyer should be mindful that if the common representation fails because the potentially adverse interests cannot be reconciled, the result can be additional cost, embarrassment and recrimination.
Consent of the organization’s lawyer is not required for communication with a former constituent. If a constituent of the organization is represented in the matter by his or her own counsel, the consent by that counsel to a communication will be sufficient for purposes of this Rule. Compare Rule 3.4 (f).
Where appropriate, the lawyer should inform unrepresented parties of the important differences between the lawyer's role as third-party neutral and a lawyer's role as a client representative, including the inapplicability of the attorney-client evidentiary privilege.
It describes the sources and broad definitions of lawyers' four responsibilities: duties to clients and stakeholders; duties to the legal system; duties to one's own institution; and duties to the broader society.
(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.
Citation analysis can help legal practitioners to identify which principles have applied in a certain case and which facts have been selected as the 'material' facts of the case, i.e. the facts that influenced the decision and which are crucial in establishing the similarity between two cases.
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.
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.
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.
Terms in this set (28) How do legal professionals identify rules in cases? Legal professionals identify the principles of law --expressed or implied-- employed or adopted by the court to resolve the issue.
It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.
Model Rules of Professional ResponsibilityConfidentiality. A lawyer should preserve the confidences of a client. ... Professional Judgement. A lawyer should exercise independent professional judgment on behalf of a client. ... Competence. A lawyer must represent a client competently. ... Zealous Representation.
Rule 1.7(a) provides that a lawyer can only represent multiple clients who are directly adverse to one another if all of the clients provide their informed written consent.
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.
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.