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.
Rhode Island Engagement Agreement for Joint Client Representation
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FAQ
The client-agency relationship is when a client appoints an advertising agency for making his ad. It continues till the ad agency provides satisfactory services to him. Such a relationship should always be cordial. There should be mutual trust, confidence, and understanding between the two parties.
Neither the ABA Standards nor the Code of Professional Responsibility prohibits multiple defendant repre- sentation. The Code sanctions joint representation where justified. Whether the lawyer can fairly and adequately protect the interests of multiple defendants is decided on a case- by-case basis.
The establishment of the attorney-client relationship involves two elements: a person seeks advice or assistance from an attorney; and the attorney appears to give, agrees to give or gives the advice or assistance.
The confidentiality rule applies not merely to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source. A lawyer may not disclose such information except as authorized or required by the Rules of Professional Conduct or other law.
- The relationship between a lawyer and client is contractual. - The terms of that contract are generally implied by custom, but for the most part can be varied by mutual agreement. - The lawyer operates as both the client's fiduciary and agent, with the duties and limitations of those designations.
If attorneys have multiple clients in the same matter, they must disclose the existence of any current or potential conflicts, and where possible and proper, obtain waivers of such conflicts in compliance with the applicable rules of professional responsibility. See ABA Model Rule 1.7(a),(b).
The establishment of the attorney-client relationship involves two elements: a person seeks advice or assistance from an attorney; and the attorney appears to give, agrees to give or gives the advice or assistance.
In case of simultaneous representation of multiple clients on the same side of litigation, there is risk of conflicting interests of clients. For example in a property dispute against a builder, who failed to deliver the project by the promised deadl?
Attorneys generally have been viewed as independent contractor agents. Clients do not control the physical actions of attorneys, but they do authorize attorneys to act for them. Thus, attorneys are not servants, but agents.
In general principle, the relationship of lawyer and client is contractual. . . . It is also a relation of agency, and its general contours are governed by the same rules. . . .