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.
Montana Engagement Agreement for Joint Client Representation
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Joint Clients are those clients which have become clients through the joint efforts of the parties and for which commissions and fees are being divided pursuant to Sec. 3.01 or in ance with some revenue sharing agreement which preceded this Agreement.
Rule 8.4(d) states that it is professional misconduct for a lawyer to ?engage in conduct that is prejudicial to the administration of justice.?
If developments occur during a joint representation that may give rise to a conflict, the rules are clear that a lawyer must promptly investigate, and if there is, the lawyer must do all he or she can to cease work and address the conflict before continu- ing the representation.
A concurrent representation means representation of two or more persons in related matters in which confidences are not shared, whereas in a joint representation of two or more persons, confidences among the parties are fully shared.
The Privilege in Joint Representations The privilege applies to communications between the lawyer and each client regarding the engagement; it also applies to communications among joint clients and their common attorneys.
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.
(D) A member who represents two or more clients shall not enter into an aggregate settlement of the claims of or against the clients without the informed written consent of each client.
The doctrine that allows separately represented parties with common legal interests to share information with each other and their respective attorneys without destroying the attorney-client privilege. It is also known as the joint defense doctrine.
