Can a defendant disqualify an attorney representing multiple plaintiffs?
Apr 06, 2006 · Another problem can arise when a defendant files a counterclaim against one of the plaintiffs. In such situations, the plaintiffs generally can consent to continued representation. In Hamilton v. Merrill Lynch, 645 F. Supp. 60 (E.D. Mich. 1986), the defendants moved to disqualify an attorney representing multiple plaintiffs in a securities action.
Is attorney fee litigation in the class action context typical?
Jun 06, 2012 · If there are say 8 plaintiffs and each of their damages equals to about $4,000 each. Would this total of $32,000 combined of all plaintiffs qualify their total claims to be file in a lawsuit under unlimited jurisdiction?
Can a lawyer represent both plaintiff and co-plaintiff?
Dec 04, 2010 · There can be many situations that aren't class actions with multiple plaintiffs, such as if they're all party to a contract that's breached, or all victims of someone's negligence. You should consult a lawyer who handles the type of case you're referring to, and since you haven't provided any facts, no one can Avvo can guess what type of case ...
Can a plaintiff's counsel have more than one case against an employer?
Mar 14, 2017 · So, in sum, Supreme Forest provides authority for the proposition that two plaintiffs, represented by one lawyer, may hold privileged joint communications with their lawyer even though they maintain separate lawsuits. Previous Post: Vice President & General Counsel Avoids Deposition under Apex Doctrine
Can a case have multiple plaintiffs?
Law firm may represent multiple plaintiffs against same defendant if different plaintiffs' interests are not adverse to or compete with one another. artificially and agreed upon high rates.
Can a lawyer represent two clients at the same time?
Rule 1.7(b) encompasses the multiple representation context: situations in which a lawyer's representation "may be materially limited by the lawyer's responsibilities to another client, a former client to a third person, or by a personal interest of the lawyer." In such situations a lawyer can only represent the client ...
Which of the following is a factor in determining if a lawyer's fee is reasonable?
II. Factors to be considered as guides in determining the reasonableness of a fee include the following: (1) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly.
What is the rule about simultaneously representing two clients whose interests are adverse?
Paragraph (a) prohibits representation of opposing parties in litigation. Simultaneous representation of parties whose interests in litigation are not actually directly adverse but where the potential for conflict exists, such as co-plaintiffs or co-defendants, is governed by paragraph (b).
Can one lawyer represent a group of people?
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
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 an attorney charge interest on unpaid bill in Illinois?
Digest: It is professionally proper for an attorney to charge a client interest on either overdue bills or advanced expenses. The attorney should keep in mind suggested guidelines for maintaining a proper relationship with the client as well as possible ethical problems which may arise when charging interest.Mar 11, 1988
What is contingency fee basis?
Generally, when a lawyer takes a case on a contingency fee, a client has no obligation to pay his/her lawyer a fee unless the case is successfully resolved.Apr 13, 2022
What are reasonable legal costs?
Reasonable legal costs means attorneys' fees, costs, charges, and all other litigation expenses in connection with the defense of a "claim" or negotiation of cleanup standards and representation before environmental agencies in connection with "discovery", limited to rates we actually pay to counsel we retain in the ...
What is the 1.7 rule?
[1] Rule 1.7 is intended to provide clear notice of circumstances that may constitute a conflict of interest. Rule 1.7(a) sets out the limited circumstances in which representation of conflicting interests is absolutely prohibited even with the informed consent of all involved clients.
What risks are involved when a lawyer 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 ...
What is the general rule about representing a client whose interests may be adverse to a former client?
(a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.Apr 17, 2019
John Noah Kitta
If you've suffered an injury, you need an experienced law firm that you can trust. With 31 years experience, we want to be your personal injury expert. We will work hard to make sure you receive prompt payment for your injuries.
Scott Richard Kaufman
You have 8 plaintiffs on the same issue? If so, you may wish to contact a class action atty?
Frank Wei-Hong Chen
It might. You'll need to provide more information. The actual answer depends upon the nature of the claims and what remedy (remedies) is/are being sought against the same defendant.#N#This is a joinder question. Joinder is the uniting of two or more claims or parties in a...
Theodore Lyons Araujo
The number of plaintiffs does not determin the subject matter of the lawsuit. These issues are not connected.#N#REQUEST: Please give this answer a "thumbs up" (below) if you find it valuable...
Pamela Koslyn
Are you referring to a "class action" lawsuit, where all the plaintiffs have been damaged in the same way by the defendant? A class has to be certified as such by the court.#N#There can be many situations that aren't class actions with multiple plaintiffs, such...
What is attorney client privilege?
The attorney–client privilege, of course, applies to a client’s confidential communications to her lawyer. A client waives any privilege if she communicates with her lawyer in the presence of a third-party. Here, Kennedy and Welch are arguably third-parties because they filed separate lawsuits—does that vitiate any privilege protection?
Who sued Supreme Forest?
Michael Kennedy and Ferrell Welch retained attorney Michael Reilly to sue their employer, Supreme Forest, for wrongful discharge. Mr. Reilly filed separate lawsuits on Kennedy and Welch’s behalf. During these lawsuits, Kennedy and Welch jointly participated in meetings with Reilly.
What is joint client doctrine?
The joint–client doctrine is a non-waiver doctrine that permits parties represented jointly by the same lawyer on a matter of common interest to communicate without fear of privilege waiver.
What is the common interest doctrine?
The common–interest doctrine, also a non-waiver doctrine, permits parties with a common interest, but represented by separate lawyers, ...
What is a structured fee agreement?
With the right preparation, a structured legal fee agreement can be an excellent tax planning tool for plaintiffs’ lawyers. Even in the case of large law firms it is usually possible to set up a structure so that it works, although it may require extra time and care. Accountants play a key role in the process. There is no right answer for everyone, but it is important to consider the legal structure, the lawyer-client relationship, and matters such as control, firm management, and moneys that might pass to an estate.
What is a fee agreement?
The fee agreement can provide that the attorney will specify which payment type—and the amount—in writing before the case goes to judgment or is settled. There is no disadvantage in doing this from the beginning in every legal fee agreement.
Do plaintiffs need accountants?
Plaintiffs’ attorneys are generally not tax experts and usually need their accountants’ help to set up fee structures. Despite a more than ten-year track record of structuring legal fees, many accountants remain confused about what they can do, what they cannot do, and what is most important in securing structures’ financial and tax benefits. Here are the top ten things accountants should know about structuring legal fees for their lawyer-clients.
What is contingent fee?
7. Contingent fees only: Structuring legal fees generally applies only in cases that are taken on a contingent basis and then settled out of court. However, it may be possible to interpose a fee structure in some cases going to judgment or in cases in which a court awards attorneys’ fees. 8.
Serious Priorities
- In a case with multiple plaintiffs and serious injuries, it is advised to get your own personal injury attorney. If you do hire a personal injury attorney with multiple plaintiffs, you should disclose to your attorney that there were other parties in the accident. Your attorney may need to coordinat…
Preserving The Duty of Loyalty
Informed Written Consent – The New Rule
The Conflict Waiver
Failure to Obtain Conflict Waiver
In People v. Baylis (2006), the court established that professional ethics require that an attorney must do everything possible to avoid a real or potential conflict of interest in which duties toward different clients are in direct opposition. Generally, there are two categories where potential or actual conflict-of-interest may manife…
Aggregate Settlements
- Even though the duty of confidentiality is a significant concern in evaluating conflicts in concurrent representation, according to the courts, the duty of loyalty is the primary value at stake. In Gilbert v. National Corp for Housing Partnerships (1999), the court stated that one of the main responsibilities of every attorney is to protect each of their clients in every conceivable way…
Fundamental Components
- The new rule 1.7, as per the California Rules of Professional Conduct, states that an attorney must acquire an informed written consent in order to represent a client if the representation is directly opposing to another client in a similar or separate case. A direct adverse conflict of interest could arise in multiple ways. Some examples include: 1. An attorney agrees to represent more than on…
Sacramento Personal Injury Lawyers
- Informed written consent is also commonly known as a ‘conflict waiver.’ In a conflict waiver, the lawyer should divulge the pertinent circumstances in writing for the knowledge and approval of their clients. According to Rule 1.0.1, informed written consent is referred to as a person’s agreement to a proposed course of action after their attorney has explained and communicated …
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