Client Interviewing, Counseling, and Decision-Making: A Practical Approach, Second Edition by G. Nicholas Herman & Melissa A. Essary

Author:G. Nicholas Herman & Melissa A. Essary
Language: eng
Format: mobi
ISBN: 9781531017927
Publisher: Carolina Academic Press
Published: 2021-03-31T21:00:00+00:00

§6.08 Serving as an Intermediary between Clients

Lawyers are sometimes asked to represent multiple clients who, despite potential conflicts of interest, desire to achieve a common or group objective. Generally, this type of multiple representation is permissible so long as the common representation will not adversely affect any one of the clients and all of them consent after full consultation. The following Comments to Model Rule 1.7 (otherwise discussed in §6.09) explain:

[29] In considering whether to represent multiple clients in the same matter, a lawyer should be mindful that if the common representation fails because the potentially adverse interests cannot be reconciled, the result can be additional cost, embarrassment and recrimination. Ordinarily, the lawyer will be forced to withdraw from representing all of the clients if the common representation fails. In some situations, the risk of failure is so great that multiple representation is plainly impossible. For example, a lawyer cannot undertake common representation of clients where contentious litigation or negotiations between them are imminent or contemplated. Moreover, because the lawyer is required to be impartial between commonly represented clients, representation of multiple clients is improper when it is unlikely that impartiality can be maintained. Generally, if the relationship between the parties has already assumed antagonism, the possibility that the clients' interests can be adequately served by common representation is not very good. Other relevant factors are whether the lawyer subsequently will represent both parties on a continuing basis and whether the situation involves creating or terminating a relationship between the parties.

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