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.
Premium Content For:
- Litigation Section