Ethics of Joint Representations: Keeping Secrets & Telling Tales

Sponsored by the Idaho Law Foundation, Inc. in partnership with Freestone and WebCredenza, Inc.

December 3, 2021

11:00 a.m. - 12:00 p.m. (MT)

**Live Audio Stream Only

1.0 Ethics credit

Registration Fee:  $55.00

Joint representation in litigation is fraught with potential conflicts of interest among the jointly represented parties.  There are substantial issues related to decision-making, information flows, confidentiality, and loyalty.  Any of these issues, if not carefully explained to clients and documented in written waivers, may lead to dramatically adverse results for clients – and expose the lawyer to ethics complaints and potential discipline.  This program will provide you with a practical guide to the substantial ethical issues in joint representations in litigation and how to navigate them.

• Forms of joint representations – separate representation on same matter v. joint representation on same matter
• Information flows under “keep secrets” and “no secrets” agreements
• Information flows in the absence of any agreement – what happens when there are no guardrails?
• Loyalty issues – managing inherent conflicts of interest and the use of advance waivers
• Voluntary and inadvertent creation of joint representations
• Attorney-client privilege ramifications in a later arising dispute among jointly represented clients