The rule of thumb in multiple actor crimes is that each defendant should have a separate lawyer. But sometime the band of brothers approach makes sense – financially and on the merits – for the defense. The challenge is to adequately describe the risks, and provide for representation after unbridgeable conflicts of interest appear.
Here Justice Shirley Kornreich finds that two companies jointly charge were adequately informed of the risks and consented to their lawyers’ continued representation of on client only.
Justice Kornreich finds the waiver was adequately informed and thatthe former joint represenation firm can conntinue representing on of the former jointly represented c-defendants.
OTHERWISE: Court Denies Disqualification Motion- sees issues clearly //Legal Ethics Forum.
The New York Supreme Court (New York County) denied a DQ motion filed after a joint defense representation fell apart. The joint rep letter was well written and contained lots of warnings and a good explanation of the consequences of a falling out. The court realized that granting the motion would effectively prevent clients from safely entering into joint defense agreements even when it helped the clients. All in all, a job well done by the trial court. Bonus: the New York court cited California’s Zador v. Kwan. (h/t: Law Firm Risk Management Blog)
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