This is an engagement letter for joint client representation. It covers the nature and scope of the representation, any exclusions, potential conflicts of interest, retainer, fees, costs and expenses, arbitration, and other issues.
Iowa Engagement Agreement for Joint Client Representation
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Representing more than one client in the same matter may offer practical advantages, such as strategic benefits, cost savings, and a unified front. But joint representation also presents disadvantages and ethical concerns that would not exist if each client hired separate counsel.
(d) A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.
A lawyer retained to represent a client is authorized to act on behalf of the client, such as in procedural matters and in making certain tactical decisions.
A lawyer must immediately terminate communication with a person if, after commencing communication, the lawyer learns that the person is one with whom communication is not permitted by this rule.
Lawyers routinely represent more than one client in a matter of common interest. Most joint representations are uneventful. The joint clients achieve their goals and the lawyer's services are never at issue. Sometimes, however, the joint clients' interests diverge, and they eventually develop into adversaries.
What Is an Engagement Letter? An engagement letter is a written agreement that describes the business relationship to be entered into by a client and a company. The letter details the scope of the agreement, its terms, and costs. The purpose of an engagement letter is to set expectations on both sides of the agreement.
Lawyers routinely represent more than one client in a matter of common interest. Most joint representations are uneventful. The joint clients achieve their goals and the lawyer's services are never at issue. Sometimes, however, the joint clients' interests diverge, and they eventually develop into adversaries.
Co-defendants in a criminal case may be tried together or have separate trials. In either situation, it's possible that one lawyer jointly represents two or more co-defendants in the same case. While that might make sense from a practical viewpoint, judges are typically leery (as are attorneys) of joint representation.