What is generally required for a lawyer to represent co-plaintiffs or co-defendants?

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For a lawyer to represent co-plaintiffs or co-defendants, informed consent from both parties is essential. This is due to the potential for conflicts of interest in situations where parties may have differing interests or objectives within the same case. Informed consent involves fully disclosing the nature of the representation, the risks involved, and the implications of joint representation so that all parties can make a knowledgeable decision about their representation.

This practice not only supports ethical standards but also aligns with the duty of loyalty that lawyers owe to their clients. By obtaining informed consent, the lawyer ensures that all parties are aware of any possible conflicts that could arise and are agreeable to proceeding under the same legal representation despite those potential issues.

In contrast, mutual disagreement among clients, conflicting legal interests, or the requirement for all clients to be represented by different lawyers do not create a foundation for lawful representation by the same attorney. Each of these scenarios could lead to ethical dilemmas, compromising the integrity of the legal representation and potentially harming one or more clients' interests. Therefore, informed consent stands out as the critical requirement needed for a lawyer to ethically represent co-plaintiffs or co-defendants.

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