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    What Is A Joint Representation Agreement

    Sunday 20th December 2020

    The second exception applies to disputes between clients within the common representation. Under this “subsidiary action exception,” all communications made under the joint representation are available when former co-clients continue to work on each other. This exception also applies to disputes between one of the joint clients and the lawyer who represented all the common clients. Therefore, a common lawyer cannot deny a common client privileged communications from the common representation, even if another common client refuses to accept disclosure. If a common client is prevented from disclosing communications from joint representation, there is a risk of agreement between a client and the common counsel. For example, if the joint lawyer breached a duty to a common client but did not harm another common client, and the client who was aggrieved sued the lawyer, it would be unfair to allow the unscathed client to use the privilege to prevent the aggrieved client from receiving information during the performance to prove his case. Similarly, the “subsidiary action derogation” applies when joint clients jointly pursue their joint counsel. In this case, clients cannot invoke the prerogative to prevent counsel from using representational communications to defend claims. Common commitments can be attractive. Clients like them because they can reduce costs, facilitate the continuation or defense of a business, and strengthen ties between partners, joint ventures or partners in companies.

    Lawyers love them because they appeal to clients, they bring a greater role in a case and simplify the prosecution or defense of a case. But just as bears can find that the lure of a hive is associated with a price representing more than one customer in a commitment, can also sting. Lawyers must consider and address many issues before the start of representation, including the privileged status of communication with clients in the engagement. The rules on common client privilege are based on the assumption, recorded in the third restate of lawyers` law, that common clients understand that all information contained in the engagement is disclosed to all.

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