can a attorney who is also a defendant represent another defendant

Two defendants can be represented by the same attorney. If there is a conflict, the conflict can sometimes be waived and sometimes not. But in the end, it is the business of the defendants and not the person suing them.

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Can a lawyer represent more than one defendant in a case?

Feb 08, 2015 · Yes, it is legal if no ethical rules were violated, and no it is not legal if an ethical rule is violated. The context matters. Law does not provide answers in a vacuum. There could be situations where the attorney is not violating any rules by being both a defendant and representing other defendants (this is common in FDCPA cases). More.

Who can represent a defendant in a criminal case?

Mar 21, 2016 · Two defendants can be represented by the same attorney. If there is a conflict, the conflict can sometimes be waived and sometimes not. But in the end, it is the business of the defendants and not the person suing them. In other words, whether there is a conflict is a matter for them to deal with and not your concern. I am licensed in Pennsylvania.

Can a lawyer represent both co-defendants in a lawsuit?

Can a former lawyer represent more than one defendant in a capital case? For example, in some states substantive law provides that the same lawyer may not represent more than one defendant in a capital case, even with the consent of the clients, and under federal criminal statutes certain representations by a former government lawyer are prohibited, despite the …

Can a non-lawyer represent a defendant in court?

A lawyer-defendant can sometimes represent other defendants in this situation, but probably not when the client will be required to testify. Representing a witness is a more dicey proposition, since it would give the attorney some power over the testimony offered against her and might also lead the witness to skew his testimony in the lawyer's favor.

Can one lawyer represent two defendants?

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 one defendant represent another defendant?

Rule 7 of the Rules of Professional Conduct of the State Bar states that: "A member of the State Bar shall not represent conflicting interests, except with the consent of all parties concerned."

Can a lawyer represent 2 clients in the same case?

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.Nov 21, 2017

What happens if two people in court have the same lawyer?

They would likely each need to find a new lawyer. A lawyer cannot act against his/her own client, nor can they use confidential information obtained from a past client against that person. Conflict of interest for the lawyer. Whoever became a client first would likely get the lawyer.

Can a lawyer represent a family member?

Technically lawyers are allowed to represent anyone, including members of their own families. However, depending on the state where you practice and type of case you need to handle, the answer to this question may be buried beneath a mountain of fine print and gray areas.

What risks are involved when a lawyers simultaneously represents 2 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 you as a lawyer be the counsel of two companies and then choose to represent one of them against the other in the court?

Your lawyer should not act for you or your partner in those circumstances. Lawyers are not able to represent more than one client in the same legal matter unless they comply with Rule 12 of the Rules.

What are the two types of legal conflicts?

What are the two kinds of legal conflicts are resolved in our legal system? Criminal and Civil cases.

Can two co-defendants live together?

That means you can't talk to one another or be around each other. Having a co-defendant can mean a number of things as your case progresses. Co-defendants are generally not allowed to have the same lawyer. The State may want one of you to offer testimony against the other.Apr 17, 2019

Can I talk to another lawyer if I already have one?

Yes. You can replace your lawyer if you have lost faith or confidence in your lawyer to represent you, you have the right to change counsel. Ideally, it would be good to speak with your lawyer about what is making you unhappy or uncomfortable and give that lawyer the chance to fix the problem.

What is the difference between a plaintiff and a defendant?

plaintiff, the party who brings a legal action or in whose name it is brought—as opposed to the defendant, the party who is being sued.

What is a conflict of interest for lawyers?

A “conflict of interest” is defined in the Rules as the existence of a substantial risk that a lawyer's loyalty to or representation of a client would be materially and adversely affected by the lawyer's own interest or the lawyer's duties to another client, a former client or a third person.