what if lawyer does same work for multiple clients

Can attorneys have multiple clients in the same matter?

Overview of Model Rule 1.7. 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. See ABA Model Rule 1.7 (a), (b).

Can a client hire two law firms to handle the same case?

Jul 11, 2018 · First, a lawyer being engaged by multiple clients should tell each client that information learned by the lawyer from any source will be disclosed to all clients in the representation equally. Second, the joint attorney should also state that information received from one client will be disclosed to the other clients in the engagement.

Can a lawyer charge two people at the same time?

Feb 09, 2013 · 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. Report Abuse Ask a Lawyer

Why do lawyers have more than one job?

Jan 06, 2014 · However, the attorney cannot bill the 2 clients for the same time. Billing for travel time may be divided between the clients and generally each client is billed for the actual time the attorney spent on his or her case. If time is taken away from a Client to file paperwork, the client the paperwork is being filed for should pay for that time.

Can a lawyer have multiple clients?

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.

Can a lawyer represent two people on the same case?

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. As a practical matter, it is rarely advisable for an attorney to represent co-defendants charged in the same crime or criminal conspiracy.Apr 29, 2014

Can a law firm 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.May 1, 2020

Can you bill two clients at the same time?

Billing Two Clients for the Same Work Regardless of how many clients benefit from the work performed, it's unethical for lawyers to bill each client individually for the full time spent. To avoid double billing, attorneys should split the bill among the clients.Sep 9, 2020

What risks are involved when a lawyer simultaneously represents two or more clients on the same side of litigation?

[11] When lawyers representing different clients in the same matter or in substantially related matters are closely related by blood or marriage, there may be a significant risk that client confidences will be revealed and that the lawyer's family relationship will interfere with both loyalty and independent ...

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.Nov 8, 2021

Can I use a lawyer from the same firm?

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.

Are lawyers allowed to represent family members?

Lawyers are not allowed to represent you if they are your friend or have been associated with you as a couple during your marriage, or if they are a family member due to these conflict issues.

Can a firm act for both parties?

You may only act for both parties where there is no conflict of interests between the two, and no significant risk of such a conflict occurring (see rule 6.2 of the SCCS and SCCF).

Is double billing unethical?

According to most commentators, double billing is unethical and violates two of the American Bar Association's Model Rules of Professional Conduct: Rule 8.4, which prohibits dishonesty, and Rule 1.5, which prohibits a lawyer from charging an unreasonable fee.

How hard is it to bill 2000 hours?

For example, if you want to reach a goal of 2,000 hours annually, you would need to bill for roughly 40 hours each week, or eight billable hours a day. You may not work exactly eight hours each day, but this breaks down what you should average in a day, week, and month to reach your annual goal.Oct 20, 2021

Is value billing unethical?

Caution: Ethicists and judges may apply another term for "value billing": fraud. Charging for work that was not actually performed is unethical and improper. An inability to collect for such billings may be the least of the lawyer's worries if the lawyer's dishonesty is exposed.Mar 12, 2021

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.

Christopher Daniel Leroi

Double-billing is illegal. That is what got the law firm in the book and the movie "The Firm" got in trouble for doing and was exposed by Tom Cruise's character. Many attorneys multi-task, however they should not be billing for the same time for multiple clients. That is not to say that it is not done.

Francine Traiger-Poor

Many attorneys will "multi-task" when in Court. However, the attorney cannot bill the 2 clients for the same time. Billing for travel time may be divided between the clients and generally each client is billed for the actual time the attorney spent on his or her case.

Estela Matta

Double billing is illegal. However, an attorney can charge for travel, and any legitimate out of pocket costs as expressed in the retainer agreement. He/she just cannot charge two or more people for the same time.

What is the rule for a lawyer who represents two or more clients?

Settlement raises a number of difficult issues when representing multiple plaintiffs. Rule 1.8 (g) provides that: "A lawyer who represents two or more clients shall not participate in making an aggregate settlement of the claims of or against the clients . . . unless each client consents after consultation, including disclosure of the existence and nature of all the claims . . . involved and of the participation of each person in the settlement." See Rule 1.8. Under Model Rule 1.2 (a), a lawyer must abide by a client's decisions concerning the objectives of representation and whether to accept an offer of settlement.

What is the problem implicated by successive representation?

The problem implicated by successive representation is the potential for the use of confidences gained from a former client to the detriment of that client. A related problem is the failure to use information favorable to the present client in order to protect the confidentiality of the former client.

What are the ABA model rules?

The ABA Model Rules, as for most other ethics standards, permit multiple representation of non-adverse clients, provided that there is suitable informed consent in advance. The ABA Model Rules further require that the lawyer reasonably believe that multiple representation will not adversely affect the lawyer's ability to adequately represent each client. The issues that typically arise in multiple representation situations are: (1) the potential existence of conflicts in the joint representation, how to minimize them, and obtain informed consent; (2) the nature of informed consent needed; (3) issues arising from the joint settlement of plaintiffs' claims; and (4) the attorney's obligations if conflicts arise subsequent to obtaining informed consent to the multiple representation. The analogous ethical conflicts that may arise in employment discrimination class actions are not discussed here, but have been recently summarized by Mersol. See G.V. Mersol, "Ethical Issues in Class Action Employment Litigation," 20 Labor Lawyer 55 (2004).

What is the ethical issue in settlement negotiations?

An important ethical issue that can arise during settlement negotiations occurs when a settlement agreement precludes an attorney from using information acquired in one case in future litigation involving other clients or otherwise restricts an attorney's ability to practice law. Given that cases are more likely to be settled than go to trial, it is imperative that employment litigators be aware of these and other pitfalls that may occur in settlement. See generally American Bar Ass'n, Section of Litigation, Ethical Guidelines for Settlement Negotiations (2002).

Can an outside counsel represent both a defendant employer and its managerial or supervisory employees who are also individual defendants?

The issue of whether in-house or outside counsel can represent both a defendant employer and its managerial or supervisory employees who are also individual defendants, which frequently occurs in other legal contexts (e.g., white collar defense and securities derivatives litigation), has become increasingly important in employment discrimination litigation.

Can a lawyer represent a client?

In such situations a lawyer can only represent the client if the lawyer "reasonably believes" the representation will not be affected, the representation is not prohibited by law, there are no client conflicts, and each client gives informed consent in writing.

Joint–Client Doctrine

The joint–client doctrine applies to situations where one lawyer, or one law firm, represents two or more clients on a matter of common interest.

Lawyer–Client Relationship?

The privilege issue in Hinerman, therefore, hinged on whether Lawyer Adam had a lawyer–client relationship with Stuart such that Eric and Stuart were Adam’s joint clients. If not, the privilege applies; if so, no privilege exists.

Why is a lawyer asked to represent several individuals seeking to form a joint venture likely to be materially limited in

For example, a lawyer asked to represent several individuals seeking to form a joint venture is likely to be materially limited in the lawyer's ability to recommend or advocate all possible positions that each might take because of the lawyer's duty of loyalty to the others.

What are the principles of a lawyer?

General Principles. [1] Loyalty and independent judgment are essential elements in the lawyer's relationship to a client. Concurrent conflicts of interest can arise from the lawyer's responsibilities to another client, a former client or a third person or from the lawyer's own interests. For specific Rules regarding certain concurrent conflicts ...

What is a conflict of interest in a lawyer?

[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 example, a lawyer asked to represent several individuals seeking to form a joint venture is likely to be materially limited in the lawyer's ability to recommend or advocate all possible positions that each might take because of the lawyer's duty of loyalty to the others. The conflict in effect forecloses alternatives that would otherwise be available to the client. The mere possibility of subsequent harm does not itself require disclosure and consent. The critical questions are the likelihood that a difference in interests will eventuate and, if it does, whether it will materially interfere with the lawyer's independent professional judgment in considering alternatives or foreclose courses of action that reasonably should be pursued on behalf of the client.

Can a client terminate a lawyer's representation?

[21] A client who has given consent to a conflict may revoke the consent and, like any other client, may terminate the lawyer's representation at any time. Whether revoking consent to the client's own representation precludes the lawyer from continuing to represent other clients depends on the circumstances, including the nature of the conflict, whether the client revoked consent because of a material change in circumstances, the reasonable expectations of the other client and whether material detriment to the other clients or the lawyer would result.

What is informed consent?

[18] Informed consent requires that each affected client be aware of the relevant circumstances and of the material and reasonably foreseeable ways that the conflict could have adverse effects on the interests of that client . See Rule 1.0 (e) (informed consent). The information required depends on the nature of the conflict and the nature of the risks involved. When representation of multiple clients in a single matter is undertaken, the information must include the implications of the common representation, including possible effects on loyalty, confidentiality and the attorney-client privilege and the advantages and risks involved. See Comments [30] and [31] (effect of common representation on confidentiality).

Can a lawyer represent another person?

Thus, a lawyer related to another lawyer, e.g., as parent, child, sibling or spouse, ordinarily may not represent a client in a matter where that lawyer is representing another party, unless each client gives informed consent.

Can a lawyer represent a parent or subsidiary?

[34] A lawyer who represents a corporation or other organization does not, by virtue of that representation, necessarily represent any constituent or affiliated organization, such as a parent or subsidiary. See Rule 1.13 (a). Thus, the lawyer for an organization is not barred from accepting representation adverse to an affiliate in an unrelated matter, unless the circumstances are such that the affiliate should also be considered a client of the lawyer, there is an understanding between the lawyer and the organizational client that the lawyer will avoid representation adverse to the client's affiliates, or the lawyer's obligations to either the organizational client or the new client are likely to limit materially the lawyer's representation of the other client.

Why is honesty important in a lawyer?

Honesty is important: it is common to have conversations with the client in which you discuss weaknesses in the case and what may realistically be achieved , and so long as you as a lawyer are honest about expectations, there's nothing wrong with taking a non-frivolous case you believe to be an uphill battle.

Can a lawyer represent two clients at the same time?

In criminal cases, while it’s not technically disallowed for a lawyer to represent two clients at the same time in a criminal case, potential conflict of interest is asking for a lot of trouble.

What happens after a lawyer terminates a client relationship?

[1] After termination of a lawyer-client relationship, the lawyer owes two duties to a former client. The lawyer may not (i) do anything that will injuriously affect the former client in any matter in which the lawyer represented the former client, or (ii) at any time use against the former client knowledge or information acquired by virtue of the previous relationship. (See Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811 [124 Cal.Rptr.3d 256]; Wutchumna Water Co. v. Bailey (1932) 216 Cal. 564 [15 P.2d 505].) For example, (i) a lawyer could not properly seek to rescind on behalf of a new client a contract drafted on behalf of the former client and (ii) a lawyer who has prosecuted an accused person* could not represent the accused in a subsequent civil action against the government concerning the same matter. (See also Bus. & Prof. Code, § 6131; 18 U.S.C. § 207(a).) These duties exist to preserve a client’s trust in the lawyer and to encourage the client’s candor in communications with the lawyer.

What is the requirement that the sale of all or substantially of the law practice of a lawyer?

[1] The requirement that the sale be of “all or substantially* all of the law practice of a lawyer” prohibits the sale of only a field or area of practice or the seller’s practice in a geographical area or in a particular jurisdiction. The prohibition against the sale of less than all or substantially* all of a practice protects those clients whose matters are less lucrative and who might find it difficult to secure other counsel if a sale could be limited to substantial* fee-generating matters. The purchasers are required to undertake all client matters sold in the transaction, subject to client consent. This requirement is satisfied, however, even if a purchaser is unable to undertake a particular client matter because of a conflict of interest.

What is the rule of a lawyer?

Subject to rule 1.2.1, a lawyer shall abide by a client’s decisions concerning the objectives of representation and, as required by rule 1.4, shall reasonably* consult with the client as to the means by which they are to be pursued. Subject to Business and Professions Code section 6068, subdivision (e)(1) and rule 1.6, a lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client’s decision whether to settle a matter. Except as otherwise provided by law in a criminal case, the lawyer shall abide by the client’s decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.

What is the duty of undivided loyalty?

The duty of undivided loyalty to a current client prohibits undertaking representation directly adverse to that client without that client’s informed written consent.* Thus, absent consent, a lawyer may not act as an advocate in one matter against a person* the lawyer represents in some other matter, even when the matters are wholly unrelated. (See Flatt v. Superior Court (1994) 9 Cal.4th 275 [36 Cal.Rptr.2d 537].) A directly adverse conflict under paragraph (a) can arise in a number of ways, for example, when: (i) a lawyer accepts representation of more than one client in a matter in which the interests of the clients actually conflict; (ii) a lawyer, while representing a client, accepts in another matter the representation of a person* who, in the first matter, is directly adverse to the lawyer’s client; or (iii) a lawyer accepts representation of a person* in a matter in which an opposing party is a client of the lawyer or the lawyer’s law firm.* Similarly, direct adversity can arise when a lawyer cross-examines a non-party witness who is the lawyer’s client in another matter, if the examination is likely to harm or embarrass the witness. On the other hand, simultaneous representation in unrelated matters of clients whose interests are only economically adverse, such as representation of competing economic enterprises in unrelated litigation, does not ordinarily constitute a conflict of interest and thus may not require informed written consent* of the respective clients.

Can a lawyer represent a client without written consent?

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.

What is an other pecuniary interest?

[1] A lawyer has an “other pecuniary interest adverse to a client” within the meaning of this rule when the lawyer possesses a legal right to significantly impair or prejudice the client’s rights or interests without court action. (See Fletcher v. Davis (2004) 33 Cal.4th 61, 68 [14 Cal.Rptr.3d 58]; see also Bus. & Prof. Code, § 6175.3 [Sale of financial products to elder or dependent adult clients; Disclosure]; Fam. Code, §§ 2033-2034 [Attorney lien on community real property].)However, this rule does not apply to a charging lien given to secure payment of a contingency fee. (See Plummer v. Day/Eisenberg, LLP (2010) 184 Cal.App.4th 38 [108 Cal.Rptr.3d 455].)

Can a lawyer enter into a business transaction with a client?

lawyer shall not enter into a business transaction with a client, or knowingly* acquire an ownership, possessory, security or other pecuniary interest adverse to a client, unless each of the following requirements has been satisfied: