Create a set of facts under which co-defendants could not be represented by the same attorney....

Create a set of facts under which co-defendants could not be represented by the same attorney. Explain why separate counsel is necessary under your scenario.

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Expert Solution

The two most essential elements of client - lawyer relationship are independent judgement and loyality. The duty of an attorney is to be loyal towards its client. If two co-defendants are represented by an attorney there will always be a conflict. For example If "FirstParty" says "Second Party" has done it and "Second Party" says "First Party" h;as done it, it a conflicting situation. Principally an attorney can not represend "First Party" and "Second Party" if a conflict is there. If an attorney wants to use the information of "First Party" and "Second Party" together and agrees both the share their information, it is risky. In this case if conflict arises the attorney may be withdrawn from both the parties.

Now both party are making waiver of conflict, even if they have conflict of interest they same attorney can represent both the co-defendants. But during defending conflict may arise. So if the facts of cases are allowing that there will be no conflict or if parties agrees to waive of conflict of interest they the parties can hire one attorney and save money. Most attorney avoid the dual representation as it is difficult to deal with arising any conflict of interest between co-defendants.

When there are two co-defendants and same attorney is represneting them it is not possible that without harming the interest of one party the attorney is representing other party. The attorney can't stay neutral throughout the case even if the co-defendants sign an agreement of avoiding the conflict of interest and to be represented by same attorney.

So a seperated counsel is necessary due to following reasons

1. To keep the conflict of interest during the defending of case.

2. To avoid leakage of any potential information to other party which may be important for the case and other party can take the advantage of the defending party.

3. To defend the case naturally without any pressure.

4. Due to ethical issues

5. The lawyer will not be withdrawn from the case due to dual representation and conflict of interests between teh co-defendants and the client will be saved from searching other laywer in between the case.

6. The client will not feel betrayed even if he loses the case due to seperate representation.

keosha answered 7 months ago

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