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.

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 In this case if conflict arises the attorney may be withdrawn from both the parties.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 The lawyer will not be withdrawn from the case due to dual representation and conflict of interests between teh co-defendants and the client will be saved from searching other laywer in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 1 year ago

which groups are over-represented and which are under-represented in state legislatures?

How could we set the advertising budget? How could we create good advertising message?

Consider the following facts and answer the questions which follow under the heading “Required”. (This is...

Consider the following facts and answer the questions which follow under the heading “Required”. (This is all the case evidence given by source) Vince Scaleri made an arrangement with two of his friends saying that he would be glad if they would in their own time provide him with firewood during the winter of 2019. Vince lived in Georgetown, roughly 50 kilometres from the woodyard of his two friends. Vince stated that the firewood should be cut to a length...

Total payroll of Watson Co. was $1,840,000, of which $320,000 represented amounts paid in excess of...

Total payroll of Watson Co. was $1,840,000, of which $320,000 represented amounts paid in excess of $106,800 to certain employees. The amount paid to employees in excess of $7,000 was $1,440,000. Income taxes withheld were $450,000. The state unemployment tax is 1.2%, the federal unemployment tax is .8%, and the F.I.C.A. tax is 7.65% on an employee’s salaries and wages to $106,800 and 1.45% in excess of $106,800. Instructions (a) Prepare the journal entry for the salaries and wages paid....

Create a C structure which stores information about a student. Each student should be represented by...

Create a C structure which stores information about a student. Each student should be represented by a student ID (integer), first name, last name, day, month and year of birth, and program code (string). Write a C program which creates an array of 100 of these structures, then prompts the user to enter data from the keyboard to fill the array. If an ID of 0 is entered, data entry should finish, and the list of students should be printed...

1)Create a set of guidelines an organization could use for ensuring sound selection decision making. Then...

1)Create a set of guidelines an organization could use for ensuring sound selection decision making. Then explain why you chose each guideline and how it all works together as a whole. This should be a paragraph in complete detail.

Pay roll entries. Total payroll of Walnut Co. was $2,760,000, of which $480,000 represented amounts paid...

Pay roll entries. Total payroll of Walnut Co. was $2,760,000, of which $480,000 represented amounts paid in excess of $118,500 to certain employees. The amount paid to employees in excess of $7,000 was $2,160,000. Income taxes withheld were $675,000. The state unemployment tax is 1.2%, the federal unemployment tax is .8%, and the F.I.C.A. tax is 7.65% on an employee's salaries and wages to $118,500 and 1.45% in excess of $118,500. Instructions (a) Prepare the journal entry for the salaries...

1. Which of the following gases could have the same pressure and temperature? All of the...

1. Which of the following gases could have the same pressure and temperature? All of the containers are rigid and have the same volume. A.Ne and N2 B.O3 and H2O C.N2 and O3 D. Ne, N2, and H2O 2. The decomposition of sodium azide (NaN3) is often used to inflate car airbags. A possible balanced chemical reaction for this decomposition reaction is 6 NaN3(s)+ 2 Fe2O3(s) = 3 Na2O2(s) + 4 Fe(s)+ 9 N2 (g). What volume of nitrogen can...

2. Which of the following gases could have the same pressure and temperature? All of the...

2. Which of the following gases could have the same pressure and temperature? All of the containers are rigid and have the same volume. A.Ne and N2 B.O3 and H2O C.N2 and O3 D. Ne, N2, and H2O

1) Which of the following statements is true? A) Organizations all have the same set of...

1) Which of the following statements is true? A) Organizations all have the same set of budgets B) Budgets should not be used as part of performance evaluation. C) Budgets are a quantitative expression of an organization’s goals and objectives. D) Organizations are all required to budget 2) A total labor variance is best defined as the difference between total: A) actual cost and the standard cost for the standard hours allowed to produce the output that was made B)...

Question