Joint Clients-Pl

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Joint Clients-Pl

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Bucklin is the author and editor of the many settlement, deposition and trial forms, for trial attorneys and legal assistants, found at Lawyer Trial Forms. Bucklin offers the following as a starting point for attorneys in drafting an agreement for representation of two clients. Warning: this is only a starting point, and you must research your own state's rules of ethics fully.

AGREEMENT TO EMPLOY JOINT COUNSEL

I WANT TO BE ONE OF JOINT CLIENTS. I want to make a claim against

__________________________________________

involving _____________________________. That claim and all matters connected with it is referred to in this Agreement to Employ Joint Counsel as "this litigation." I and want to employ joint counsel and share costs of this litigation with _____________________. We are referred to in this Agreement to Employ Joint Counsel as the "joint clients." I believe it is to my advantage to join with the other joint clients to employ the firm of ____________________________(referred to in this agreement as the "law firm") as attorneys for all of us.

I UNDERSTAND USING A JOINT ATTORNEY INVOLVES THE POSSIBILITY OF CONFLICT OF INTEREST WHICH COULD BE TO MY DISADVANTAGE. I recognize that there is a possibility of conflict of interest by the law firm inherent in one attorney firm being engaged in a joint handling of claims for more than one client. Nevertheless, I believe there are advantages for me in having the same attorney and being a joint client. Among other things, it eliminates duplication of effort. Also, there is a big advantage to me in sharing of expenses of the claim with the other joint clients. I believe the advantages outweigh the disadvantages.

MY ATTORNEYS CAN CONTINUE TO WORK FOR THE OTHER JOINT CLIENTS. I understand and agree that if I terminate the services of the law firm, that the law firm may continue with the handling of this litigation for the other joint clients, or that the law firm may, in their sole discretion, then withdraw and do no further work for any of the joint clients.

I DO NOT WANT TO MAKE A CLAIM AGAINST THE OTHER CLIENTS, AND I DO NOT REQUIRE CONFIDENTIAL INFORMATION FROM THE OTHER CLIENTS. To minimize the possibility of conflict of interest among the joint clients, I hereby state and agree to the following:

I agree and state that I do not want to make a claim or sue the other joint clients --- and I agree not to bring any legal action of any nature whatsoever involving matters concerning this litigation --- against any of the joint clients during the pendency of this litigation. This forbearance by myself will continue until the law firm is no longer our joint attorneys in regard to this litigation.

I recognize that the law firm has stated that they will not be giving advice regarding the possibility of any cross-claims or other legal action against any of the joint clients and that I must seek other attorneys for any such advice. I agree to seek other attorneys for such advice.

If at any time I either sue or am sued by any of the joint clients, I will not seek to compel testimony from any partner or employee of the law firm, or any counsel associated with them, in regard to handling this litigation. Also, if at any time I either sue or am sued by any of the joint clients, I will not seek to compel production of any file materials in the possession of the law firm or any counsel associated with them in the handling of this litigation (except file materials I originally gave to the law firm).

The law firm shall have no obligation to disclose to me information obtained from others of the joint clients, but they may in their sole discretion so disclose information.

On the other hand, the law firm may, in their sole discretion, disclose or not disclose any information received from me to the others of the joint clients.

ATTORNEYS CAN USE THEIR JUDGMENT IN PROCEEDING FOR JOINT CLIENTS. The law firm shall use its discretion in proceeding on behalf of all clients jointly. In the event that this may result in minor conflicts among the clients, which in the discretion of the law firm does not require withdrawal of themselves as joint attorneys, the law firm may resolve such conflicts for or against any of the clients as they may deem it necessary to present a unified handling of the matter consistent with the general best interests of the clients.

ATTORNEYS CAN WITHDRAW FROM JOINT CLIENT REPRESENTATION AND CONTINUE TO REPRESENT ONE OF THE JOINT CLIENTS. I enter this Agreement on the understanding that should, at any time, the law firm deem a conflict of interest to have arisen which will interfere with the handling of my matters or the matters of the joint clients that they may, in their sole discretion, withdraw and then do no further work for any of the joint clients, or may continue to work solely for one client only.

Dated Client

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