when would it be beneficial for an attorney to represent 2 related clients

Can a lawyer represent two clients at the same time?

Apr 06, 2006 · DR 5-105© permits an attorney to represent both clients where the attorney can adequately represent both clients and after proper consent has been obtained from each client after full disclosure of the possible effect of such representation on the exercise of the lawyer's independent professional judgment on behalf of each.

When is a lawyer not allowed to represent a client?

…(b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if: (1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; (2) the representation is not prohibited by law;

Can one lawyer represent both parties in a case fairly?

Jul 08, 2012 · According to Rule 1.7(b) of the Maryland Rules of Professional Conduct: A lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer's responsibilities to another client or to a third person, or by the lawyer's own interests, unless: (1) the lawyer reasonably believes the representation will not be adversely affected; …

Can a lawyer represent both clients under DRDR 5-105?

Aug 22, 2011 · " (a) A lawyer shall not represent a client if the representation of that client will be directly adverse to another client, unless: (1) the lawyer reasonably believes the representation will not adversely affect the relationship with the other client; and (2) each client consents after consultation. 1 found this answer helpful

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 ...

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).

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 ...

Why could one attorney not represent both sides in a trial?

On the one hand, the rule sensibly says that a lawyer cannot serve two parties who are directly adverse in the same matter; it also bars representation “when there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former ...Oct 30, 2012

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

Can a lawyer represent their spouse?

Representing Family or Friends Lawyers are allowed to advise friends, family members, spouses and other people with whom they are acquainted. A lawyer is not in a conflict of interest simply because the lawyer is representing a family member or a friend.

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.

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.

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.

Why do most lawyers not represent criminal defendants?

It provides the “potential for conflict of interest in representing multiple defendants in a criminal case is so grave that ordinarily a lawyer should decline to represent more than one codefendant.” Similarly, Standard 4-1.7 of the ABA Standards For The Defense Function cautions the defense counsel should not ...Jun 9, 2021

Can a solicitor represent two defendants?

They do permit a solicitor to act for co-defendants where conflict is not a factor. The difficulty often lies, however, in spotting potential conflict and deciding whether it is sufficiently real to refuse instructions. This guidance is intended to help you make these decisions.Apr 14, 2005

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

Representing Opposing Counsel

Fred has a practice that concentrates in insurance defense matters. On many occasions over the past several years, Ruth, a personal injury lawyer, has been Fred’s opposing counsel.

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2 attorney answers

A lawyer can represent both defendant in certain situations: Massachusetts Rules of Professional Conduct Rule 1.7 states:#N#" (a) A lawyer shall not represent a client if the representation of that client will be directly adverse to another client, unless: (1) the lawyer reasonably believes the...

Dominic L. Pang

A lawyer can represent both defendant in certain situations: Massachusetts Rules of Professional Conduct Rule 1.7 states:#N#" (a) A lawyer shall not represent a client if the representation of that client will be directly adverse to another client, unless: (1) the lawyer reasonably believes the...

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.

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 client lawyer relationship?

[1] A lawyer should not accept representation in a matter unless it can be performed competently, promptly, without improper conflict of interest and to completion. Ordinarily, a representation in a matter is completed when the agreed-upon assistance has been concluded. See Rules 1.2 (c) and 6.5.

Can a lawyer retain papers as security?

The lawyer may retain papers as security for a fee only to the extent permitted by law. See Rule 1.15.

Can a client discharge a lawyer without cause?

[4] A client has a right to discharge a lawyer at any time, with or without cause, subject to liability for payment for the lawyer's services. Where future dispute about the withdrawal may be anticipated, it may be advisable to prepare a written statement reciting the circumstances.

Can a lawyer withdraw from a client?

Withdrawal is also permitted if the lawyer's services were misused in the past even if that would materially prejudice the client. The lawyer may also withdraw where the client insists on taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement.

Can a lawyer withdraw from representation?

Optional Withdrawal. [7] A lawyer may withdraw from representation in some circumstances. The lawyer has the option to withdraw if it can be accomplished without material adverse effect on the client's interests. Withdrawal is also justified if the client persists in a course of action that the lawyer reasonably believes is criminal or fraudulent, ...

Why are public defenders important?

They are there because they want to be there. Public defenders represent people that society views negatively. In the U.S., an adversarial form of justice requires a defense. The family and friends of a public defender often question their choices, wondering how they can sleep at night defending people who hurt others.

What is a public defender?

April 12, 2018 by Louise Gaille. A public defender is an attorney who is employed at the expense of the public. Their job is to represent individuals who have been charged with a crime, or may need assistance in certain civil matters, when the defendant is unable to afford their own legal assistance for some reason.

How much does a public defender make?

The public defender earns a salary that is usually paid by a county or state government. In the United States, the average salary for an entry-level public defender is about $48,000. Experienced public defenders, with 15+ years of experience, average a working salary of $76,000 per year. Many are state employees who qualify for pensions ...

How many stages of an attorney's services?

The services that Attorney will provide to Client shall take place in three different stages, and each stage shall involve somewhat different compensation. However, the matter may conclude before the second or third stage is reached.

What is an attorney for a mortgage?

In the first stage, Attorney will assist Client in determining whether Client’s mortgage loan account has been handled improperly by Client’s mortgage servicer. During this stage, Attorney will evaluate potential legal issues affecting Client’s mortgage loan account, but will not render any substantive services in connection with either the prosecution or defense of any litigation. It may take some time to complete this stage. In most cases, as part of an “extended free consultation” Attorney will send formal correspondence on Client’s behalf to a mortgage servicer seeking information or notifying the mortgage servicer of an error. There shall be no fee for these services, however Client agrees to reimburse Attorney for the reasonable and actual cost incurred, specifically including but not limited to postage, including expenses related to certified mail, or sending any correspondence sent during this stage.

Why is litigation so risky?

While Attorney will use best efforts and reasonable professional judgment, it remains possible that this matter could be resolved against Client simply because a judge or jury disagrees with Client and or Attorney regarding the merits of the case.

What happens if a mortgage servicer does not respond to a letter?

It is Attorney’s experience that sending a single letter to a mortgage servicer notifying the mortgage servicer of an error or requesting information is very often not effective because mortgage servicers frequently do not comply with their obligations to respond to that type correspondence. If Attorney sends correspondence to Client’s mortgage servicer notifying the mortgage servicer of an error, or requesting information, and the mortgage servicer fails to adequately respond, Attorney will prepare the matter for litigation. This will include evaluating the mortgage servicer’s response, and conducting factual and legal research. Frequently, Attorney will also send follow up correspondence. During this stage, Attorney will charge a fee consistent with the rate schedule described below. However, fees will only be incurred in this stage if Attorney determines that Client’s mortgage servicer failed to appropriately respond to the request for information of notification of an error that was previously sent on Client’s behalf. It is anticipated that any fees incurred during this stage will be recoverable as damages a result of that violation, and these costs shall be recovered through litigation subject to the provisions of Stage Three described below. Thus it is expected that the attorneys fees incurred in this stage will be recovered as damages through litigation. Provided that Client reasonably complies with all of Client’s obligation under this agreement and cooperates in the prosecution of appropriate claims through litigation, Attorney will defer collection of the fees incurred in this stage until the conclusion of the litigation. However, the fees incurred in this stage are not contingent. Nevertheless, provided that Client complies with all obligations under this agreement, Client shall be obligated to pay no more than $50 per month for fees incurred under this agreement. Client’s obligation to pay will only commence when the litigation concludes. This obligation shall only arise of the recovery from the litigation is insufficient to pay the fees incurred at this stage, or if that litigation is unsuccessful. Client’s maximum liability for fees incurred at this stage shall be $2000 (two-thousand dollars) and will generally be much less.

What is contingent fee?

This contract shall not replace any agreement that Client may have with any other related attorneys. Often where there are more than one law firm or organization of attorneys involved, the contingent fee may be shared pursuant to a separate co-counsel agreement.

What happens if you recover funds from an adverse party?

Whenever any funds are recovered from any adverse party, those funds will be held in escrow and disbursed pursuant to the terms of this agreement. Prior to disbursement, Attorney shall provide Client with a written statement explaining the total amount recovered, the total amount of third party costs, the total amount of attorneys fees, and the amount to be paid to each attorney. No funds will be disbursed until Client executes the disbursement statement. If Client refuses to execute the disbursement statement, or is unavailable to do so for a prolonged period of time, Attorney will commence an interpleader action. In the event that Client’s acts or omissions make an interpleader action necessary, Client agrees that any time spent by Attorney in connection with the interpleader action shall be reimbursed at the amounts set forth in the above rate schedule and any third party, shall be reimbursed entirely from the recovered funds that would otherwise be payable to Client.

How much does Jeffrey Golant charge per hour?

$400 per hour - Jeffrey Golant or any attorney affiliated with The Law Offices of Jeffrey N. Golant, P.A. with 10 or more years experience as an attorney licensed to practice in any United States jurisdiction.