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Joint Representation Agreement

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JOINT REPRESENTATION AGREEMENT

This Joint Representation Agreement ("Agreement") is entered into by and between the undersigned parties as of the Effective Date set forth below.

PARTIES AND RECITALS

Attorney/Law Firm Name:

Clients Represented Jointly:

WHEREAS, Attorney is duly licensed to practice law and has the capacity to provide legal services to multiple individuals or entities on a joint representation basis; and

WHEREAS, the Clients desire to retain Attorney to represent them jointly in the matter described below and acknowledge that joint representation can create conflicts of interest and limitations on confidential communications as set forth in this Agreement.

SCOPE OF REPRESENTATION

The representation will include legal advice, drafting of documents, negotiation, and court or administrative appearances as reasonably required to pursue the clients' shared objectives within the defined scope. Separate individual representation beyond the shared scope is not included unless expressly agreed in writing.

CONFLICTS, CONSENT AND LIMITATIONS

Joint representation necessarily involves shared communications among the Clients and the Attorney. Each Client understands that confidential information disclosed to the Attorney in the presence of the other Client(s) may not be held in confidence from the other Client(s). By signing below, the Clients give their informed consent to joint representation and acknowledge that the Attorney will not act as an advocate for differing positions among the Clients on matters within this representation.

I/We the undersigned Clients hereby acknowledge that I/we have been informed of the potential risks and limitations of joint representation, including the possibility of future conflicts, and I/we consent to proceed with joint representation by the Attorney.

PAYMENT TERMS

Hourly billing Flat fee Contingency fee

All fees and costs are the joint obligation of the Clients. Attorney may require funds on account, and retained funds will be applied to invoices in accordance with applicable rules. The Attorney may withdraw from representation and seek collection for unpaid fees consistent with professional obligations and applicable law.

TERM AND TERMINATION

Term Start Date:     Term End Date (if any):

Either party may terminate this Agreement upon written notice to the other party in accordance with the notice period above. Attorney may withdraw if continued representation would violate applicable professional rules or if a conflict arises that cannot be resolved by the Clients' informed consent. Termination does not relieve the Clients of their obligation to pay earned fees and costs.

CONFIDENTIALITY AND PRIVILEGE

Attorney will maintain confidentiality of all communications to the extent required by law and professional rules. Clients acknowledge that communications made in the presence of, or shared with, the other joint client(s) may not be privileged against that other client(s). To the extent necessary, Clients consent to shared access to communications and documents related to the joint matter. If Attorney reasonably determines that a conflict of interest prevents continued joint representation, Attorney will take reasonable steps to protect clients' interests, which may include withdrawal.

LIMITATION OF LIABILITY

Except as prohibited by law, Attorney's liability for negligence or other claim arising out of this Agreement is limited to the amount of fees actually paid by the Clients for the services giving rise to the claim. This limitation does not apply to acts constituting willful misconduct or gross negligence, where such limitation is unenforceable under applicable law.

GOVERNING LAW

This Agreement will be governed by and construed in accordance with the laws of the state identified above, without regard to conflict of law principles.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the joint representation described herein and supersedes any prior written or oral agreements on the same subject. Any amendment to this Agreement must be in writing and signed by all parties.

ADDITIONAL PROVISIONS

Attorney / Law Firm:

Printed Name:

By:

Date:

Joint Clients:

Printed Name:

By:

Date:

Enter text✕

What a Joint Representation Agreement Is and When it Applies

A Joint Representation Agreement is a written contract documenting that one attorney or law firm will represent two or more clients on the same matter. It defines the scope of representation, identifies each client, discloses potential or actual conflicts of interest, allocates fees and costs, and sets terms for confidentiality and termination. Because joint representation raises ethical and liability issues, the agreement should record informed consent and any conflict waivers. Electronic execution is generally valid under the ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes when the signature test is satisfied.

Why a Clear Joint Representation Agreement Matters

A well-drafted Joint Representation Agreement clarifies duties, consent, and fee arrangements, reducing malpractice exposure and client misunderstanding. It provides evidence of informed consent and helps manage ethical obligations under state bar rules and interstate e-signature laws such as ESIGN and UETA.

Why a Clear Joint Representation Agreement Matters

Who Typically Uses This Agreement

Law firms, in-house counsel, and multiple clients use Joint Representation Agreements to document shared representation and consent.

  • Small and mid-size law firms handling co-owner disputes, family matters, or collaborative transactions
  • Corporate counsel overseeing joint ventures, mergers, or multi-party commercial negotiations
  • Individual clients who share aligned interests but require documented conflict disclosures and consent

Ensure you obtain informed written consent from each client before substantive representation begins; consider independent counsel where conflicts cannot be waived.

Core Elements to Include in Every Professional Agreement

Include these sections to make the Joint Representation Agreement comprehensive, enforceable, and ethically sound while minimizing future disputes.

Scope of Representation

Describe precisely which matters and tasks the attorney will handle, including excluded matters and any separate retained counsel exceptions.

Informed Consent

State that clients received conflict information, explain reasonably foreseeable adverse consequences, and confirm each client voluntarily consents.

Conflict Waiver

Specify the scope and duration of any conflict waiver, including limitations and conditions under which the waiver may be withdrawn.

Confidentiality Rules

Clarify how information will be shared among joint clients and whether communications remain privileged for each client.

Fee Allocation

Explain billing method, allocation of fees and costs among clients, and how disputes about fees will be resolved.

Termination

Define termination rights, notice periods, handling of files and funds, and steps if representation must be withdrawn for ethical reasons.

Required Information and Key Data Fields

Client Names: Full legal names as listed on ID.
Effective Date: MM/DD/YYYY format required.
Matter Description: Concise description or docket number.
Fee Terms: Hourly rate, flat fee, or split.
Conflict Disclosure: Specific risks and alternatives disclosed.
Signatures: All parties sign and date.

Step-by-Step: How to Complete the Agreement

Follow these sequential steps to draft, review, secure consent, and record a Joint Representation Agreement with clear attribution for each signer.

  • 01
    Draft Agreement: Populate scope, parties, fees, and disclosures.
  • 02
    Disclose Conflicts: Provide written conflict notice to every client.
  • 03
    Obtain Consent: Collect signed consent from each client.
  • 04
    Store Records: Save executed copy and audit trail securely.

How to Configure an Online Joint Representation Workflow

Set up a digital workflow that ensures each signer receives, reviews, and signs in a documented order with appropriate authentication.

Field Configuration
Authentication Method Email + SMS one-time passcode
Field Types Signature, initials, date, checkbox
Retention Settings Store signed PDF plus audit trail
Notifications Notify counsel and all signers on completion

Technical Requirements and Integration Considerations

Use a platform that produces tamper-evident signed PDFs, captures a detailed audit trail, and supports common formats like PDF and DOCX.

  • File Formats: PDF and DOCX supported
  • Integrations: Salesforce, NetSuite, Google Workspace
  • Authentication: Email, SMS, or advanced KBA

Confirm the platform meets compliance needs for your matter: enable retention of audit logs, request a HIPAA BAA when PHI is present, and configure SSO or SAML for firm accounts where required by policy.

Where to Send and How Routing Typically Works

Routing determines who reviews and signs the agreement first; choose sequential or parallel signing depending on logistic and ethical needs.

  • Upload Document: Upload final agreement to the signing platform.
  • Place Fields: Add signature, initials, and date fields per signer.
  • Assign Signers: Enter each signer's email and role.
  • Send for Signature: Dispatch sequentially or simultaneously with authentication.

Timing and Key Deadlines to Track

Be mindful of execution timing, consent revocation windows, and retention obligations when working with joint clients.

Execution Deadline:

Execute before substantive representation begins.

Consent Recordkeeping:

Keep signed consent as part of client file immediately.

Revocation Timing:

Clients may withdraw consent; act promptly to address conflicts.

Notarization Window:

If notarized, complete notary steps before filing or closing.

Retention Start:

Retention begins on the effective or execution date.

Common Risks and Consequences of Poor Documentation

Conflict Liability: Malpractice claims if disclosure inadequate.
Invalid Consent: Consent may be voidable without clear disclosure.
Privilege Loss: Shared privilege issues between joint clients.
Fee Disputes: Unclear allocations increase billing disputes.
Regulatory Exposure: Bar discipline for ethics violations.
Operational Delays: Missed steps can delay matter resolution.

Practical Examples of Joint Representation and eSignature Use

Real-world examples show how firms document consent and use e-signatures to streamline execution and recordkeeping.

Optica Ventures LLC

Optica needed consistent signoff across parties on transaction documents

  • They used a standardized joint representation template
  • The firm reported simpler client onboarding and reliable audit trails for ethics compliance and later reference.

Martin Properties

A property developer required multiple co-owner consents for a sale

  • The developer executed a joint representation agreement electronically
  • Online signing allowed rapid collection of informed-consent signatures while preserving timestamps and signer attribution for closing counsel.

Best Practices to Reduce Risk and Improve Clarity

Adopt these drafting and execution practices to make Joint Representation Agreements clearer and more defensible.

Clear Plain-Language Disclosures
Use straightforward conflict and consent language that a reasonable client can understand; avoid legalese that obscures risks or options for independent counsel.
Individual Acknowledgements
Have each client separately initial key clauses and sign an acknowledgement to strengthen proof of informed consent.
Record the Audit Trail
Retain a complete audit trail showing signer identity, timestamps, IP addresses, and consent steps to support enforceability under ESIGN/UETA.
Consider Independent Counsel
If interests materially diverge, advise independent counsel and document that option in writing to avoid later ethical conflicts.

eSignature Solutions: Pricing and Feature Snapshot for Executing Agreements

Compare signNow pricing and key capabilities with several common competitors to evaluate cost and compliance fit for executing Joint Representation Agreements.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no credit card Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently Asked Questions About Joint Representation Agreements

Answers to common questions about conflicts, validity, signatures, and revocation when multiple clients are represented together.


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