October 22, 2018 Top Story

Joint Representation Requires Pre-Engagement Disclosures

Clients must be informed of implications of representation even where no conflict exists

By Candice A. Garcia-Rodrigo

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.

Attorneys representing multiple clients must explain to the clients the implications of a joint representation

Attorneys representing multiple clients must explain to the clients the implications of a joint representation

iStockphoto by Getty Images

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
Join - Now