Friday, April 10, 2020, 1:00-2:00pm
Joint representation in litigation is fraught with potential conflicts of interest among the jointly represented parties.
There are substantial issues related to decision-making, information flows, confidentiality, and loyalty. Any of these issues, if not carefully explained to clients and documented in written waivers, may lead to dramatically adverse results for clients – and expose the lawyer to ethics complaints and potential discipline.
This program provides a practical guide to the substantial ethical issues in joint representations in litigation and how to navigate them.
- Forms of joint representations – separate representation on same matter v. joint representation on same matter
- Information flows under "keep secrets" and "no secrets" agreements
- Information flows in the absence of any agreement – what happens when there are no guardrails?
- Loyalty issues – managing inherent conflicts of interest and the use of advance waivers
- Voluntary and inadvertent creation of joint representations
- Attorney-client privilege ramifications in a later arising dispute among jointly represented clients
Click on the "In Depth" tab for tuition and speaker information.