what happens if 2 people have the same lawyer and want to sue each other

Disagreement is highly likely to arise, and when it happens, the other spouse invariably must get a lawyer too. If the lawyers cannot work out a deal, the judge will order mediation. If there are still no agreements, spouses will be heading into very costly, time consuming, and stressful trials and appeals.

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Can you sue both parties in a lawsuit?

Feb 09, 2013 · Answered on Feb 13th, 2013 at 10:10 AM. The question is not one of legality, but ethics. It is not ethical for two attorneys in the same firm to represent opposing parties without the written consent of both parties to waive the obvious conflict of interest. I would suggest you find yourself another attorney.

What happens if there are multiple defendants in a lawsuit?

Where two people are adverse (i.e., one is suing the other), there is a non-waivable conflict of interest. One lawyer can't represent both, ever. Where two people are not adverse (e.g., they're both being sued by someone else), there is still a conflict (since the two people could potentially turn on one another), but it's generally waivable. In other words, in that situation, the parties …

Is it ethical to have two attorneys in the same firm?

Can Joinder Be Used for Two Separate Occurrences? Yes, you can join multiple claims and parties into one lawsuit through joinder. For example, if one person breaches a contract with you and assaults you when you sue them for breach of contract you can join the claims of breach of contract and assault into one lawsuit against the individual.

Is it legal for two attorneys to represent opposing parties?

Apr 10, 2012 · Yes, there is nothing prohibiting an individual from retaining a single attorney to represent him in two different matters. However, the attorney is ethically prohibited form representing both parties without a written waiver from …

What happens when two people hire the same lawyer?

Can two people have the same lawyer in the same case?

Can two people sue each other at the same time?

Can married lawyers go against each other?

Can two lawyers work together?

Can a lawyer represent two people at the same time?

Can you sue someone for wrongfully suing you?

How do you stop someone from suing you?

Is suing and pressing charges the same?

Is it ethical to represent opposing parties in the same firm?

The question is not one of legality, but ethics. It is not ethical for two attorneys in the same firm to represent opposing parties without the written consent of both parties to waive the obvious conflict of interest. I would suggest you find yourself another attorney.

What is a Chinese wall?

There is something called a "chinese wall" which can be used to keep the 2 sides from communicating with the other and find out what is going on. Generally speaking the firm should decline the representation and should definitely have both clients sign waivers of the conflict. Report Abuse. Report Abuse.

Common Examples Where Joinder Is Appropriate

If a doctor’s negligence causes you harm while you are in the hospital you can join the doctor, hospital, and hospital staff all into one lawsuit through joinder.

Can Joinder Be Used for Two Separate Occurrences?

Yes, you can join multiple claims and parties into one lawsuit through joinder. For example, if one person breaches a contract with you and assaults you when you sue them for breach of contract you can join the claims of breach of contract and assault into one lawsuit against the individual.

Can I Recover Twice the Full Amount from Both Parties and Get Double Damages?

No, you cannot recover more than you are entitled to. You may sue both parties, but you will only get the amount you as a plaintiff are entitled to. If you received more than you were entitled to you would be unjustly enriched.

How Hard Is It to Join Parties and Claims into One Lawsuit?

Joinder is not always granted by the court and the party requesting joinder needs to show a similar question of law and fact exists. There are times when it is quite easy to determine when a similar question of law and fact exists, but other times it is quite difficult. Therefore, whether joinder is granted is a case by case basis.

Should I Get a Lawyer to Help With Joinder

Joinder can be very complicated and making sure the proper party is sued is very important. A qualified personal injury lawyer can guide you through the complex issue of joinder and ensure your rights are protected.

Can a lawyer represent the same client in multiple cases?

Absolutely; a lawyer may represent the same client in multiple cases. There. may be reasons this couldn't, or wouldn't, happen (such as if the lawyer. has a conflict with the new opposing party, say, or if the lawyer isn't. competent to handle the new claim) but there's certainly no blanket bar on. representing a client in separate ...

Can an attorney represent you in unlimited cases?

An attorney can represent you in an unlimited amount of cases so long as there is not a conflict of interest. The conflict of interest would be that your case is against another client of the attorney's, or something similar. The problem is whether or not the attorney will want to take any of the additional cases.

Can you have two executors in a will?

While these can be significant benefits, there are potential negative consequences of appointing two executors in a will. The Estate Administration Act stipulates that personal representatives must act unanimously. Any serious disagreements that cannot be resolved between two executors must be settled in court.

Can two people see things differently?

Two people who have different values and ideas may see things differently. It’s important to ask both potential executors whether they think they can work together and how they will handle disagreements before naming them in your will.

Why do people not want to be executors of a will?

There are various reasons for this, including ill health, too little time, and relationship issues within the family.

What is a personal representative?

(Note: the term “personal representative” is the current legal term used to refer to an executor/executrix, administrator/administratix, and trustee.)