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 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 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 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. …
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 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 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 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 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.
Can two defendants testify against each other?
Co-defendants are generally not allowed to have the same lawyer. The State may want one of you to offer testimony against the other. Or they may try and use statements that one of you made to police against both of you. There could also be an issue of separate trials or your case being tried together.
How do co-defendants work?
A joint trial of codefendants (also known as “joinder”) occurs when a judge merges the cases of two or more defendants. Joint trials happen when the issues in the defendants’ cases overlap enough to make a single trial both fair and more efficient.
Can two defendants file a joint Defence?
Where co-defendants may appear to have the same interests, one defendant may choose to allow another defendant to defend (or pursue in the case of a counterclaim) the proceedings on their behalf. However while the interests of co-defendants may not conflict, they may differ.
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 … —