An attorney has a duty of loyalty to his client. An attorney cannot represent two co-defendants if there is an actual conflict. … If there is a potential conflict, an attorney may get “A” and “B” to agree to allow their information to be shared with the same attorney. However, this is very risky for the attorney.
Can a defense attorney represent two defendants in the same case?
Can a criminal defense lawyer represent co-defendants who may be charged in the commission of the same crime or series of crimes? The answer is a qualified, “Yes,” provided that there are no conflicts between the defendants that require the attorney to choose which client to more vigorously represent.
Can I represent two defendants?
Although there is no rule prohibiting acting for more than one party in a matter, Rule 11 requires a solicitor to avoid conflicts between the duties owed to two or more current clients. … By operation of Rule 11, the solicitor could consider obtaining the informed consent of both clients before acting for both parties.
Can a lawyer represent two clients in the same case?
The California Rules generally permit a lawyer to represent multiple clients with conflicting interests so long as all the clients have provided their informed written consent. … However, there are two situations where an informed consent cannot be obtained.
Can one attorney represent co-defendants?
For preferred supplier private law practices, different lawyers in the same practice can represent co-defendants with the approval of an External Review Officer.
Can co-defendants be tried separately?
When two or more defendants are jointly indicted or informed against for any offense and there is material evidence, not relating to reputation, which is admissible against one or some of them but which is not admissible against all of them if they are tried separately and which is prejudicial to those against whom it …
Can a lawyer defend a family member?
Lawyers are allowed to represent their family members. … The ability to provide dispassionate counsel may be impaired when a lawyer is emotionally involved in a case. That is why a lawyer should always think long and hard before accepting any case that involves a family member.
Can one lawyer represent both parties?
However, one attorney cannot represent both parties. An attorney is ethically prohibited from representing two people with conflicting interests who are in a dispute. The parties can attempt mediation without the use of attorneys, but the mediator cannot give legal advice to either party.
Can co accused have the same lawyer?
Unless there is no possibility of a conflict existing or emerging, and such cases will be rare, co-defendants should have separate legal representation.
What risks are involved when a lawyers simultaneously represents 2 clients on the same side of litigation?
 When lawyers representing different clients in the same matter or in substantially related matters are closely related by blood or marriage, there may be a significant risk that client confidences will be revealed and that the lawyer’s family relationship will interfere with both loyalty and independent …
Is it ethical for an attorney to represent a family member?
While there is nothing unethical about representing your family members, per se, you do run into the possibility of navigating into ethical gray zones. For example, offering legal advice at a family dinner or gathering could land you in an unintentional attorney-client relationship.
Can two people be charged together?
A judge in a criminal case may feel that it is appropriate to combine the cases of multiple defendants when their charges involve the same set of circumstances. Combining trials (also known as joinder) is only acceptable if it does not violate a defendant’s right to a fair trial. …
Is it ethical for an attorney to represent co-defendants in a criminal case why or why not?
In summary, the ethical risks are great for a lawyer who chooses to represent criminal codefendants because conflicts of interest are likely to arise and it is almost impossible to obtain a valid waiver of these conflicts. Thus, the most prudent action for a lawyer to take is to turn down such representation.
What happens if a co defendant pleads guilty?
Evidence, or argument about co-defendants’ or co-conspirators’ guilty pleas or convictions is inadmissible. … The trial court committed reversible error in failing to instruct the jury that they should not consider the co-defendant’s plea as evidence against the defendant.
What is a co defendant in a criminal case?
Definition of codefendant
: a defendant in the same lawsuit or criminal prosecution as another defendant or group of defendants : a joint defendant … the defendant argued that it was plain error for the trial court to have permitted the prosecution to treat his co-defendant as hostile … —