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Opinion 13-02 |
Arbitration and Mediation | Conflict of Interest | Multiple Representation
Representing business parters in same partnership adverse to each other in an arbitration proceeding
A lawyer ordinarily represents a partnership as an entity for conflicts of interest purposes. Where a lawyer has represented a partnership and all individual partners in various matters in a common representation, and one partner subsequently files an arbitration matter against another partner, whether the lawyer may represent the defending partner with informed consent will depend on the circumstances. Similarly, whether the lawyer can continue to represent the partnership or any of the partners in other matters with informed consent will depend on the circumstances.
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Opinion 11-05 |
Multiple Representation
A lawyer who is disqualified by reason of his or her likely being called as a necessary witness may continue the representation until commencement of trial. Representation of multiple clients in a single matter is not prohibited, although a number of special concerns must be addressed. Representation of multiple clients in the same matter will ordinarily require the informed consent of the clients.
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Opinion 09-02 |
Conflict of Interest | Imputed Disqualification | Multiple Representation
In a medical malpractice lawsuit where a physician and hospital are individual defendants with directly adverse positions, it is a conflict of interest for an attorney to represent the physician if the attorney’s law firm also represents the same hospital in other unrelated medical malpractice lawsuits unless the attorney reasonably believes the representation will not adversely affect the relationship with the other client and each client consents after disclosure.
