Joint Representation Requires Pre-Engagement Disclosures

Attorneys representing multiple clients must sufficiently explain the implications of joint representation so that the clients can make an informed decision about whether to enter into such an arrangement; this is true regardless of whether a conflict of interest exists, according to the New York City Bar Association on Professional Ethics’ Formal Opinion 2017-7.

Informed written consent need not be obtained in the absence of a conflict, however. ABA Section of Litigation leaders agree that it is good practice to provide such disclosures for all jointly represented clients.