when 2 people have the same lawyer

by Tod Price Published 2 years ago Updated 1 year ago 8 min read

Any attorney that represents one of you will not be permitted to also represent the other because this would create a conflict of interest. Imagine how absurd it would be for both the defense and prosecution to be handled by just one lawyer; family law courts would see the same absurdity in a case where two spouses shared one attorney.

Short answer is Yes. However, it is almost always inadvisable to do so. Two people can waive any and all conflicts and, thus, retain one lawyer to represent them. They also have the right to negotiate any fee they want.Nov 21, 2017

Full Answer

Is it possible to have two lawyers?

Nov 21, 2017 · Short answer is Yes. However, it is almost always inadvisable to do so. Two people can waive any and all conflicts and, thus, retain one lawyer to represent them. They also have the right to negotiate any fee they want. My experience still suggests strongly that each person should have his/her own attorney, particularly in major felony cases.

Can two people have the same car accident lawyer?

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 can …

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

The responsibilities of an attorney-mediator include: Explaining the nuances of family law. Ensure all paperwork is completed accurately. Checking finances for full disclosure. Discuss potential points of contention. Ease tensions and encourage collaboration. Draft final divorce settlement agreements. Remember that an attorney-mediator is ...

Is it legal for two attorneys to represent opposing parties?

Dec 05, 2018 · can two people have the same lawyer? A car accident attorney from our law firm can only represent multiple clients from the same accident if there are no conflicts of interest. For example, if you were a passenger, your case may depend on showing that the driver of your vehicle was negligent.

What happens when two people hire the same lawyer?

Each party has to be represented by its own lawyer whose duty is to save the interests of his client. Same lawyer cannot appear or represent parties which are opposite parties in litigation.

Can a lawyer represent two people on the same case?

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.Apr 29, 2014

Can co-defendants have 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.Apr 17, 2019

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.May 1, 2020

Can one lawyer represent a group of people?

“For example, a lawyer may not represent multiple parties to a negotiation whose interests are fundamentally antagonistic to each other, but common representation is permissible where the clients are generally aligned in interest even though there is some difference in interest among them.

Can co accused have the same lawyer?

There is no fixed rule preventing a lawyer from representing multiple co-accused.

Why do most lawyers not represent criminal defendants?

Explain why most lawyers do not represent criminal defendants. Most lawyers practice civil law because it is more lucrative, they have higher prestige, and have fewer problems dealing with clients. Compare and contrast the 3 systems of providing indigents with court appointed attorneys.

What's the difference between a defendant and a co-defendant?

The criminal facts of the individual defendants still exist independently. Therefore, a co-defendant is a third party other than the defendant in the case in which another co-defendant is charged and is by nature a witness.Nov 30, 2014

Can a lawyer represent his girlfriend?

Adam Lefkowitz. Generally, no. The mere fact that the girlfriend is the client is not an ethical violation. Like all other cases, it is only if there are other specific facts or circumstances that impact on the integrity of the relationship that there is a potential ethical...

What is a conflict waiver?

Conflict waivers serve as a memorialization or proof that a client has given informed consent for a lawyer to handle a legal matter despite a “disqualifying conflict of interest.”

What makes a conflict of interest for an attorney?

[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 does it mean when a lawyer has a conflict of interest?

A conflict of interest is defined as a conflict between professional duties and private interests, or when there is a conflict between the duty to one client and another. As you know, this term always has a negative connotation, as well it should.May 20, 2019

3 attorney answers

Short answer is Yes. However, it is almost always inadvisable to do so. Two people can waive any and all conflicts and, thus, retain one lawyer to represent them. They also have the right to negotiate any fee they want. My experience still suggests strongly that each person should have his/her own attorney, particularly in major felony cases. More

Herbert Adams Jr

So long as there is no potential conflict of interest involved, an attorney can represent two different parties in either a criminal or civil case. As for the fee issue, that is something you need to work out with the criminal defense attorney. More

Nicholas Charles McGowan

Yes if no conflicts. Conflict issues are a complex mix of facts and applications of local law. Fees are another question that the lawyer answers not a Public forum. Many other factors must be considered to answer your question with an answer it deserves...

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.

Can an attorney represent you in a divorce?

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. Any attorney that represents one of you will not be permitted to also represent the other because this would create a conflict of interest.

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.

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.

Can a lawyer represent both spouses in a divorce?

Even if spouses agree on everything in the divorce and it is “uncontested”, when one of them files for divorce the spouses are legally considered to be opposing parties in a lawsuit. For that reason, it is a violation of ethics and a conflict of interest for one lawyer to represent both of the spouses or parents in a divorce or custody case no ...

Can a spouse hire a lawyer?

Another option when the spouses already have reached all their agreements is for one spouse to hire a lawyer while the other has none. This may work if the spouses already went through early mediation and have no children, little or no property, and no joint debt or when both spouses agree on everything and they want a lawyer to draw up paperwork because they do not want to do it themselves.

Is a divorce lawyer a conflict of interest?

Divorce Lawyer's Conflict of Interest. Even if spouses agree on everything in the divorce and it is “uncontested”, when one of them files for divorce the spouses are legally considered to be opposing parties in a lawsuit. For that reason, it is a violation of ethics and a conflict of interest for one lawyer to represent both ...

How does a divorce lawyer help?

In divorce mediation, an attorney-mediator can ethically assist both parties because the mediator acts as a "neutral". The attorney-mediator gives each spouse legal information and may even do legal analysis, but the mediator draws the line at offering legal advice. That means the attorney-mediator educates both spouses about the law and rights that apply in the divorce, without taking sides.

What is the job of a divorce lawyer?

A lawyer's job at that point would be to review the mediated agreement to make sure decisions were well-informed; to make any final agreed revisions; to draft (or review the draft of) a divorce decree that incorporates those agreements; and to get the judge's signature on the decree.

What is the job of an attorney-mediator?

The attorney-mediator's job is to help the spouses identify issues, gather information about property and debts, develop options for settlement, and communicate and negotiate resolutions that work for both of them and their family.

Can a QDRO lawyer be hired during mediation?

Many divorce lawyers tell a client they will draft a QDRO, but what they frequently do is outsource it to the same QDRO lawyer the spouse could have hired directly during mediation, and then upcharge to supervise the task.

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.