what if a lawyer represents two people against one another

If two people were fighting with each other than one attorney cannot represent both. It would be considered a conflict. The attorney could not effectively represent one individual without jeopardizing the interest of the other individual.

Full Answer

Can a lawyer represent two people in the same case?

The point of their meeting with me together is that they wanted me to represent both of them in this case. I explained to them that while it is not specifically prohibited from representing two people in the same case, it was not a smart way to proceed and I would not represent them both.

Can a lawyer represent two co-defendants at the same time?

An attorney has a duty of loyalty to his client. An attorney cannot represent two co-defendants if there is an actual conflict. If "A" says "B" did it and "B" says "A" did it, there would be an obvious conflict.

Can an Atty represent both parties in a fight?

* This will flag comments for moderators to take action. Rarely a good idea as often one needs to point at the other, BUT if that is not the case, you are allowed to waive the conflict and one atty can represent both guys (assuming they were on the same side in this fight).

How many people can a lawyer represent in a lawsuit?

Most of us are familiar with class-action lawsuits, in which one lawyer or firm can represent hundreds or thousands of people.

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 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.

Can a lawyer defend multiple people?

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 a lawyer defend both sides?

However, one attorney cannot represent both parties. An attorney is ethically prohibited from representing two people with conflicting interests who are in a dispute.

Can the same lawyer represent co accused?

For preferred supplier private law practices, different lawyers in the same practice can represent co-defendants with the approval of an External Review Officer.

Can co-defendants use same lawyer?

Co-defendants are generally not allowed to have the same lawyer. The State may want one of you to offer testimony against the other. Or they may try and use statements that one of you made to police against both of you. There could also be an issue of separate trials or your case being tried together.

Can two defendants be tried together?

A joint trial of codefendants (also known as "joinder") occurs when a judge merges the cases of two or more defendants. Joint trials happen when the issues in the defendants' cases overlap enough to make a single trial both fair and more efficient.

What is a co defendant in law?

A codefendant is one of multiple defendants jointly sued in the same civil action or formally accused of committing the same crime.

Can the same lawyer represent both parties?

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.

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.

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.

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

Can a defense attorney defend someone they know is guilty?

Can a Criminal Lawyer Defend Someone They Know is Guilty? A criminal lawyer can defend someone they know is guilty as long as they do not lie or knowingly mislead the court.

What do lawyers do when they know their client is guilty?

If an attorney thinks their client might have committed the crime they're defending them for, they won't come out and ask their client if they're guilty because they can't knowingly lie in court. The attorneys's job is to provide a vigorous defense… determining guilt or innocence is a job for the jury.

What happens if a lawyer loses a case?

If the attorney loses the case, the client is still responsible for legal fees as stipulated in the original retainer contract. Some attorneys may agree to withhold billing until the end of a case, but they will still expect payment regardless of how the case ends.

2 attorney answers

There is no problem. I see no conflict with the representation of the parties involved.

Arnold William Gross

There is no problem. I see no conflict with the representation of the parties involved.

What happens if two people fight?

If two people were fighting with each other than one attorney cannot represent both. It would be considered a conflict . The attorney could not effectively represent one individual without jeopardizing the interest of the other individual. If the two individuals were fighting others, an attorney may be able to represent both (although not recommended); however, the two clients would have to be on equal footing in all respects. For example, they could not be able to claim that the other was more culpable or that the other stated the fight. Basically they must be able to raise defenses that apply equally to both.

What happens if you say "B" and "A"?

If "A" says "B" did it and "B" says "A" did it, there would be an obvious conflict. An attorney could not here represent "A" and "B". If there is a potential conflict, an attorney may get "A" and "B" to agree to allow their information to be shared with the same attorney. However, this is very risky for the attorney.

Can you represent co-defendants?

Representing co-defendants is generally a conflict of interest. However, if both people agree to waive the conflict, there are some circumstances where the same attorney can represent both. It is advisable to get independent legal advice on whether you should even waive the conflict.

Can you have only one attorney in a civil case?

Yes, it's possible, but not preferable. The reason is there is an incipient conflict of interest between the two people who were arrested; meaning that in many instances either one may blame the other for the injury or damages done. While that may be the actual case, the fact is that when you only have one attorney between two people and they are blaming each other at any point in the proceedings, which client does the attorney choose to represent at which point in time? That is where the conflict arises. Of course, the parties may sign waivers of the conflict of interest, but then again, what happens when another unforeseen conflict arises later? Therefore, it is always best to have only one attorney represent one Defendant at a time. Good luck.

Is it OK to have a preliminary hearing?

For purposes of the preliminary hearing, assuming that there are no adversarial defenses and both clients waive a conflict, then it is technically OK. At trial, however this is never appropriate and each defendant should have their own attorney representing their interests even if both clients find there is no conflict. Having said that, sometimes there is not enough information by the time that the case goes to a preliminary hearing for a full investigation to determine whether there is a conflict. To best protect the clients, each defendant should have their own attorney from the beginning of the case.

Can you have two attorneys?

Ordinarily, each person would have their own attorney, since they each would have different legal defenses possible. If, for some reason, they either have the same defense and/or waive any conflict of interest, then the same attorney can represent both. It really depends on the facts of the case and what the level of conflict is.

Is it a good idea to sign a waiver of a conflict of interest?

Not a good idea. Both of the accused must sign written waivers acknowledging that they may have a conflict of interest and that representation by one lawyer could hurt their cases.

What are the duties of a lawyer?

In the legal field, however, one of the legal duties every lawyer must observe is to avoid conflicts of interest when it comes to their clients. In fact, if a lawyer represents a client knowing that there's a conflict of interest, they can be disciplined by the state bar and sued by the client for legal malpractice.

What are the conflicts of interest in a lawyer?

There are a variety of conflicts of interest that can prevent a lawyer from taking on a particular case. The conflict may occur between the prospective client and one of the attorney's current or former clients. There can also be concerns if a client's interests are in conflict with the lawyer's professional or personal relationships.

Do attorneys have to do conflict checks?

While an attorney may be able to easily identify a conflict, sometimes they're not always easy to spot. Because of this, it's the attorney's responsibility to perform regular conflict checks when taking on a new client.

Can an attorney answer questions about conflicts of interest?

An attorney can not only answer any questions you may have about the scope of an attorney's obligations to their client, they can also answer other questions you may have about the law.

Can a law firm represent a client?

It's also important to note that a law firm may be able to represent a client even though a single attorney had a conflict of interest, if a "firewall" can be successfully put around the attorney with the conflict. This essentially means that the matter would not be discussed with or around the attorney with the conflict, ...

Can a conflict of interest occur at the law firm level?

It's also possible for there to be an issue if the potential client's interests are at odds with the attorney's own interests. A conflict of interest can also occur at the law firm level. For example, even if an attorney working at a law firm didn't personally work on a particular matter (because someone else at the firm handled it), ...

Is representation illegal in a lawsuit?

The lawyer believes they can provide " competent and diligent " representation to all affected clients; The representation isn't illegal in any way; The lawyer isn't representing two clients against each other in the same lawsuit; and. Each affected client provides informed consent in writing.