1. The California Rules of Professional Conduct strictly prohibit attorneys from undertaking the simultaneous representation of multiple clients in the same matter in any circumstance. 2. Joint representation is only permitted in transactional practices, not litigation matters.
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.
Under the ABA Model Rules of Professional Conduct, attorneys can't represent clients if they have a marital or familial relationship with opposing counsel unless they get informed consent in writing from their client.
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.
[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.
For preferred supplier private law practices, different lawyers in the same practice can represent co-defendants with the approval of an External Review Officer.
Ultimately, it isn't uncommon for attorneys in the community to have a friendly relationship. Don't be afraid if you even see the attorneys partake in some light banter back and forth.
Although an attorney may have very intimate knowledge regarding the details of the life of those they represent, although an attorney may act aggressively in the best interest of their client, in the end, it is a professional relationship, not a friendship.
It is feasible (albeit far from ideal) with the informed consent of the clients for two lawyers in the same firm to represent parties opposed in interest. Joint retainer agreements will typically spell out that in the event of a conflict, the law firm may decline to continue to represent one or all of the clients.
A claim of malpractice may exist if your lawyer exhibited negligence in your representation. If your lawyer's negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.
“An Advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interview not warranted by personal relations, furnishing or inspiring newspaper comments or procuring his photograph to be published in connection with cases in which ...
Should a lawyer represent a family member? The answer to the first question is a qualified yes. Courts do not typically intervene in allowing a family litigant to choose their lawyer, just as they generally don't interfere with litigants who represent themselves.