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. As a practical matter, it is rarely advisable for an attorney to represent co-defendants charged in the same crime or criminal conspiracy.
Can lawyers talk about cases with their spouses?
The duty of confidentiality prevents lawyers from even informally discussing information related to their clients’ cases with others. They must ordinarily keep private almost all information related to representation of the client, even if that information didn’t come from the client.
Can the same lawyer represent both parties in a divorce in India?
One lawyer can represent both the parties as a common petition is filed on behalf of both the parties, if both parties agree. A judgment for mutual divorce is passed only if all the necessary agreements required for a mutual divorce in India are strictly maintained.
What risks are involved when a lawyer simultaneously represents two or more clients on the same side of litigation?
[29] In considering whether to represent multiple clients in the same matter, a lawyer should be mindful that if the common representation fails because the potentially adverse interests cannot be reconciled, the result can be additional cost, embarrassment and recrimination.
Can two lawyers from the same firm represent opposing parties?
Rule 7 of the 1928 California Rules of Professional Conduct provided: “A member of The State Bar shall not represent conflicting interests, except with the consent of all parties concerned.” (Emphasis added.)
Are conversations between husband and wife protected?
The spousal communications privilege applies in civil and criminal cases. It shields communications made in confidence during a valid marriage. The purpose of the privilege is to provide assurance that all private statements between spouses will be free from public exposure.
Can you tell your spouse confidential information?
One of the strongest and most well-known privileges is the confidential marital communications privilege, also known as the husband-wife privilege or spousal privilege. Generally, one spouse cannot be compelled to testify about any confidential communication with the other spouse occurring during their marriage.
Can my wife be my attorney?
If you and your spouse have come to the conclusion that a divorce is in your best interest, you may be wondering if both of you can be represented by the same attorney. While it may seem convenient to be represented by the same layer, the short answer is no, you can’t both be represented by the same counsel.
How many years of separation is equal to divorce in India?
When the couples agree to a divorce, the courts will consider a divorce with mutual consent as per. Section 10A of Indian Divorce Act, 1869, requires the couple to be separated for at least two years, the couple only needs to provide that they have not been living as husband and wife during this period.
Do we need two lawyers for mutual divorce?
Since a mutual divorce requires only one lawyer, the couple may decide who will bear the cost of litigation. Alternately they can even decide to split the litigation costs equally.
Is mutual divorce expensive?
Mutual consent divorce charges range between 15,000 and 30,000 if you want a divorce lawyer with a minimum of 3 years’ worth of experience. Most lawyers in Mumbai charge around INR 5000 or INR 7000 per hearing, meaning that the longer the battle, the costlier it becomes.
What is the 1.7 rule?
(a) A lawyer shall not, without informed written consent* from each client and compliance with paragraph (d), represent a client if the representation is directly adverse to another client in the same or a separate matter.
How can a lawyer avoid conflict of interest?
Conflicts Among Lawyers in a Firm The firm can avoid the conflict of interest by keeping the conflicted lawyer completely separate from the case. It must notify the previous client and keep them informed about their procedures for keeping the lawyer screened from the case.
What are the 4 types of conflict of interest?
- financial conflict;
- non-financial conflict;
- conflict of roles; or.
- predetermination.
What qualifies as a conflict of interest?
A conflict of interest is when someone’s judgement or actions at work are – or could be – affected by something unconnected with their role. This includes any circumstances that affect – or could be seen to affect – someone’s independence or impartiality.
Can a lawyer with a conflict withdraw from representing one client and continue representing the other client?
The lawyer cannot proceed with joint representation if doing so requires that the lawyer sacrifice the interests of one client for those of the other.
Can a family member be your lawyer?
Lawyers are not allowed to represent you if they are your friend or have been associated with you as a couple during your marriage, or if they are a family member due to these conflict issues.
Who holds the spousal privilege?
Spousal immunity refers to the right of a spouse not to testify against the other spouse and belongs to the spouse called upon to testify. Marital communication privilege belongs to either spouse and bars specified communications between spouses.
What states have spousal privilege?
Every state in the U.S. recognizes one or both of the types of spousal privilege recognized by federal courts and discussed above. Many states have statutes identifying the privilege and when it may be raised. Many states also recognize the same exceptions to the privilege as the federal courts do.
What is waiving marital privilege?
Specific actions by a person who holds a marital/spousal privilege in California can “waive” that privilege—that is, make it disappear. For example, you waive your spousal testimonial privilege in a given court proceeding by choosing to testify against your spouse in that proceeding.
Can a wife refuse to testify against her husband?
Spousal privilege specifically protects the marital relationship. It gives one spouse the privilege to refuse to testify against the other without legal ramifications, in order to protect the marital relationship from the harm that would come of one spouse being forced to speak out or testify against the other.
Can a spouse testify against the other in court?
Spousal immunity prevents the other spouse from altogether testifying, while marital privilege covers only testimony that concerns confidential communication while the marriage was subsisting.
Can a spouse be subpoenaed?
A spouse can now be subpoenaed to testify in court against their husband or wife, but s/he is not obligated to disclose any communications with their spouse during the course of their marriage.
Who is the best person to be power of attorney?
Most people select their spouse, a relative, or a close friend to be their power of attorney. But you can name anyone you want: Remember that selecting a power of attorney is not about choosing the person closest to you, but rather the one who can represent your wishes the best.
Do you need power of attorney if everything is in joint names?
Many couples with joint finances may think they don’t need a lasting power of attorney – but this isn’t the case. A lasting power of attorney (LPA) is a legal document that allows you to appoint one or more people to make decisions on your behalf during your lifetime.