what happens if two sides have the same lawyer

Do different lawyers affect the outcome of the same case?

Yes, different lawyers can affect the outcome of the same case. Here are a few reasons why. First, different lawyers are different people. As a result, they may approach the same case with a different strategy. One lawyer's strategy may work better than another lawyer's. Second, all lawyers are not created equal. Some are very good.

Is it legal for two attorneys to represent opposing parties?

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.

Can two lawyers argue the same case from the same script?

Two different lawyers arguing the same case from the same script will get different results. Whether this affects the outcome depends greatly on the situation. How? Well, the lawyers will have different credibility. The jury or judge may find one more believable over the other. They may handle improvization differently.

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

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.

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 a lawyer defend both sides?

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 lawyers from the same firm go against each other?

26, 2018. (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 the same firm represent opposing parties?

Rule 1.06 Conflict of Interest: General Rule (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 you sue a lawyer for not doing their job?

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.

What happens if a lawyer breaks the law?

Lawyer Discipline Agency If the lawyer is found to have violated an ethics or court rule, he or she will be reprimanded, fined, and perhaps suspended or disbarred (license to practice law revoked).

Do opposing lawyers talk to each other?

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.

Why would a lawyer have a conflict of interest?

[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 one lawyer represent two defendants charged together?

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.

Can lawyers from the same firm represent opposing clients?

No, a lawyer cannot represent opposing parties in litigation. This is because there may be a situation where a decision that comes in favor of one party will adversely affect the other party. Furthermore, such injury to either of the parties represented would result in reputational damage.

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

ABA Model Rule 1.7(a) prohibits concurrent conflicts, which it defines as "directly adverse" interests or interests that carry "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 client or a third person or by a ...

Can my lawyer friend represent me?

At present, only solicitors and barristers can represent other people in court. This means that, without leave of the court, you cannot speak for a friend in court, except as a character witness. However, as it can make their job easier, many magistrates and judges will grant such 'leave'.

Is it legal to have a conflict of interest?

It is not legal, it is a serious conflict of interest.

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.

Is a slam dunk conflict of interest a bad idea?

This is a slam dunk conflict of interest. There are some ways to deal with the conflict, but both clients must agree after being fully aware of the conflict and the lawyers must agree not to look at each others files. It is a very bad idea for the lawyers to do so. You have remedies and should consult an independent lawyer.

Why won't the court want to testify?

In fact, most won’t and the court won’t want them to because that would create a new conflict of interest.

What happens if a divorce is uncontested?

Even if your divorce is uncontested, meaning you and your spouse agree on all the important terms and conditions, you are still both technically on opposing sides of the courtroom.

Can you go to court with one attorney?

You cannot go into court both sharing one attorney, but what if you don’t rely on the courtroom to settle your disagreements? If you decide to use mediation and come up with a divorce agreement in a conference room instead of a courtroom, you are looking at an entirely different legal situation than before. During mediation, you can use one attorney, but that lawyer isn’t representing you or your ex-spouse. Instead, the family lawyer overseeing your mediation acts as a neutral party that helps each but fights for neither.

Why do you need an attorney-mediator for divorce?

Hiring one attorney-mediator can save money for couples trying to minimize divorce costs. However, be aware that it can prove costly if you don’t fully understand your legal rights in a divorce. Make sure you know your rights before agreeing to split the bill on an attorney-mediator.

Can an attorney-mediator testify in court?

Everything discussed in mediation is strictly confidential, so an attorney-mediator can’t be forced to testify in court about anything that comes up during process.

Can an attorney help my spouse with a divorce?

However, there is one circumstance where an attorney can help you and your spouse resolve your divorce. Remember, your spouse's attorney cannot give you any legal advice and is not watching out for your interests.

Can a lawyer represent two clients?

The rules governing lawyer ethics prohibit attorneys from representing two clients with conflicting interests — and that includes divorcing spouses. Even if you and your spouse agree on everything in your divorce, you’re still technically considered opposing parties in a lawsuit.

Do family law attorneys have a duty to protect their clients?

Even fair-minded, ethical attorneys have a duty to protect their own client's best interests — not yours. If you have any questions or concerns about the proposed settlement, it may be worth hiring a local family law attorney to review your agreement and let you know if there are any red flags.

Can my spouse's attorney give me legal advice?

Remember, your spouse's attorney cannot give you any legal advice and is not watching out for your interests.

Can I Ask My Spouse's Divorce Attorney for Advice?

But if you and your spouse have already resolved all the issues in your divorce, your spouse's attorney can prepare a draft settlement agreement. You may not feel that you need to hire your own attorney to review the proposed agreement if your divorce is very simple, you understand your legal rights , and you are comfortable with the settlement .