Joint Representations: Privilege, Conflicts, and Other Ethical Traps

Lawyers often get asked to represent multiple parties in the same matter. Joint representation of related parties – such as business partners, family members, or work colleagues – might allow for cost savings and certain efficiencies, but can also involve a number of potentially complex legal issues – especially ethical ones! This practical program will explain how to assess and resolve the risks that commonly arise in joint representations, including the essential determination of whether you can competently represent both parties. Learn how to identify and manage potential conflicts early on, address privilege and confidentiality issues, and resolve disagreements among your clients. In just one hour, the faculty – composed of two highly experienced professional responsibility lawyers – will explore how to: - Explain joint representation to clients - Structure joint representation to avoid conflicts - Utilize the joint defense privilege and other confidentiality and privilege issues - Assess when positions are “adverse” for conflict purposes - Understand what happens when conflicts develop - Apply the aggregate settlement rule