Conflict of Interest in a Joint Representation
Attorney Laila agrees to represent two brothers, Omid and Zubair, charged with a joint assault. At the initial meeting, Omid says Zubair started the fight and that Omid only intervened to stop it. Zubair, in a separate conversation, says Omid threw the first punch. Laila has not yet entered a plea. The prosecutor offers both brothers a reduced charge if each pleads guilty and testifies against the other. Laila wants to negotiate a single package deal for both. Zubair privately tells Laila he wants to accept the offer and testify against Omid, but asks her not to tell Omid.
1. Analyze the conflict of interest and whether Laila may continue representing both brothers.
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Rule. A lawyer may not represent multiple clients in the same matter if their interests are materially adverse, unless each client gives informed consent confirmed in writing after full disclosure, and the lawyer reasonably believes she can competently and diligently represent each.
Application. The brothers' accounts are directly contradictory, and the plea offer requires each to testify against the other. Their interests are materially adverse. Laila cannot advocate for both simultaneously because helping one (negotiating a favorable plea for Zubair) harms the other.
Conclusion. Laila must withdraw from representing at least one brother. Because the conflict is non-consentable in practice (each would need the other's cooperation to waive, and the adversity is fundamental), she should withdraw from both and advise each to obtain separate counsel. She must not use information from one against the other.
2. Explain Laila's confidentiality obligations regarding Zubair's request and her next steps.
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Confidentiality. Zubair's statement is confidential. Laila may not disclose it to Omid or the prosecutor without Zubair's informed consent, and she may not use it to Omid's disadvantage.
Duty to withdraw. The conflict triggers a duty to withdraw from the joint representation. She should inform both clients that she must withdraw, without revealing the substance of either client's confidences.
Next steps.
- Advise both brothers, in general terms, that a conflict has arisen requiring separate counsel.
- Move to withdraw before the court, citing the conflict, without disclosing privileged details.
- Ensure no prejudice - request a continuance so new counsel can review the plea offer.
- Do not negotiate the package deal, since doing so would require trading one brother's interests against the other's.