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Legal Joint Representation Agreement

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LEGAL JOINT REPRESENTATION AGREEMENT

This Joint Representation Agreement (the Agreement) is entered into on by and between Attorney: of Law Firm: with principal address: and Clients (collectively): .

RECITALS

WHEREAS, the Clients have requested that the Attorney represent them jointly in the matter described as: (the Matter); and

WHEREAS, the Attorney has reviewed the known facts and potential conflicts and is willing to represent the Clients jointly, subject to the terms and conditions set forth in this Agreement; and

WHEREAS, the Clients acknowledge that joint representation may limit the Attorney's ability to advocate adverse positions between the Clients and that the Clients have discussed and understood the potential risks of joint representation.

NOW, THEREFORE

In consideration of the mutual covenants and agreements contained herein, the parties agree as follows:

1. SCOPE OF REPRESENTATION

The Attorney will provide legal services to the Clients jointly for the Matter described above. Joint representation means the Attorney will act on behalf of all Clients in any communications, negotiations, discovery, and litigation or administrative proceedings relating to the Matter, unless otherwise agreed in writing. The Attorney is not engaged to represent any Client in matters outside the scope described in this clause without a separate written agreement.

2. DUTIES, AUTHORITY, AND CLIENT DECISIONS

The Attorney will exercise professional judgment in handling the Matter. All Clients agree that the Attorney may rely on reasonable instructions from any Client acting with the authority granted below. The Clients appoint: as the primary contact for administrative and billing communications. Substantive decisions affecting the joint interests, including settlement, shall be made collectively by the Clients. If the Clients cannot agree on a material decision, the Attorney may withdraw in accordance with Section 9.

3. CONFIDENTIALITY AND WAIVER OF PRIVILEGE

All communications between the Attorney and any Client concerning the Matter are jointly privileged and protected from disclosure to third parties, subject to applicable law. By signing below, each Client consents to the sharing of confidential information among the Clients and waives any claim of individual privilege that would otherwise preclude information sharing among the jointly represented Clients. The Clients acknowledge that communications shared with the Attorney may be disclosed to the other Clients when relevant to representation.

4. CONFLICTS OF INTEREST; INFORMED CONSENT

The Attorney has disclosed known potential conflicts of interest in writing to the Clients. The Clients acknowledge that circumstances may arise during the representation that create a conflict between the Clients' interests. By executing this Agreement the Clients provide informed consent to joint representation notwithstanding the disclosed conflicts. The Clients also acknowledge that if a future conflict materializes such that the Attorney cannot continue to represent all Clients without violating professional obligations, the Attorney may be required to withdraw or obtain further waivers.

Consent to joint representation: I/We consent to joint representation and the terms of this Agreement.

5. FEES, COSTS, AND PAYMENT

The Clients will be jointly and severally liable for all legal fees and costs incurred in the Matter unless otherwise stated in writing. Fees will be charged as follows: hourly rate(s), contingency, flat fee, or other arrangement as agreed below.

Billing will be directed to the primary contact identified above unless the Clients provide an alternative written billing instruction. Payment is due upon receipt of the statement, and the Attorney may suspend services on nonpayment in accordance with applicable rules of professional conduct.

6. CLIENTS' DUTIES AND COOPERATION

Each Client shall timely provide all information and documents relevant to the Matter, be truthful in all communications, and cooperate fully with the Attorney. Failure to do so may justify termination of representation. Each Client warrants that they have disclosed any material facts or prior representations that could affect the Attorney's duties.

7. POTENTIAL ADVERSE INTERESTS AMONG CLIENTS

The Clients acknowledge that there may be circumstances in which their interests are or become adverse in certain respects. In such event, unless the Clients agree in writing, the Attorney may be required to withdraw from representing one or more Clients. If withdrawal is necessary, the Attorney will take reasonable steps to avoid foreseeable prejudice to the Clients' rights.

8. TERMINATION; WITHDRAWAL

This Agreement may be terminated by mutual written consent, by the Attorney upon reasonable notice if continued representation would violate ethical obligations or is impracticable, or by any Client upon written notice. Termination does not relieve any Client of obligations to pay fees and costs incurred prior to termination.

9. NOTICES

All notices required or permitted under this Agreement shall be given in writing and delivered by hand, certified mail, or overnight courier to the addresses specified below, or to such other address as a party may designate in writing.

10. AMENDMENT; WAIVER

No amendment, modification, or waiver of any provision of this Agreement shall be effective unless in writing and signed by all parties. The failure of any party at any time to require performance by another party of any provision of this Agreement shall not affect that party's right to enforce such provision at a later time.

11. GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict-of-law principles. Any dispute arising under or in connection with this Agreement shall be resolved by the state and federal courts located in the jurisdiction specified above, unless the parties agree otherwise in writing.

12. ENTIRE AGREEMENT; SEVERABILITY

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures delivered electronically or by facsimile shall be binding for all purposes.

14. ACKNOWLEDGEMENTS

Each Client acknowledges that they have read this Agreement, had the opportunity to ask questions, and either have consulted independent counsel or have chosen not to do so. Each Client understands the risks inherent in joint representation and consents to the terms of representation set forth herein.

Attorney (Print Name):

By:

Date:

Clients (Print Name or Entity):

By:

Date:

Enter text✕

What a Legal Joint Representation Agreement Is

A Legal Joint Representation Agreement documents when one attorney or law firm will represent two or more clients on the same matter. It sets the scope of representation, discloses potential or actual conflicts, records each client’s informed consent or waiver, and allocates responsibilities including fees and communications. The agreement helps preserve attorney-client privilege boundaries, clarifies how confidential information will be handled, and records termination and dispute-resolution procedures. For electronic execution, the agreement should meet ESIGN Act (15 U.S.C. ch. 96) and applicable state e-signature rules (UETA or state ESRA) to ensure enforceability.

Why documenting joint representation matters

A written joint representation agreement reduces ethical risk by documenting conflict disclosure and client consent, clarifies expectations about fees and privilege, and creates a record that can be used to respond to later challenges.

Why documenting joint representation matters

Who typically uses a joint representation agreement

Law firms and solo practitioners use these agreements when multiple clients share a legal interest or aligned objectives in a single matter.

  • Small law firms representing family members in probate or estate matters
  • Corporate counsel representing affiliated entities in a single transaction
  • Litigation teams coordinating multiple plaintiffs with common claims

When properly executed, the agreement protects both the attorney and all represented clients by documenting consent and limits to representation.

Core clauses every professional agreement should include

A practical Legal Joint Representation Agreement contains specific clauses that address conflicts, scope, confidentiality, fees, communications, and termination to minimize later disputes and protect privilege.

Scope

Define the matter, objectives, and explicit limits of representation so clients understand what the attorney will and will not do on their behalf.

Conflict Disclosure

Describe known or potential conflicts, the material risks they pose, and any facts used to evaluate whether joint representation is appropriate.

Informed Consent

Record each client's voluntary, informed consent or waiver of conflicts and confirm that clients understand alternatives, including separate counsel.

Fees and Allocation

State how fees, costs, and fee splitting among clients or between counsel will be charged, billed, and apportioned to avoid later disputes.

Confidentiality

Explain how privileged information will be shared among clients, whether confidentiality is joint or limited, and consequences of disclosures.

Termination

Specify events that end representation, how files and fees are handled at termination, and dispute-resolution or withdrawal procedures.

Step-by-step: completing a joint representation agreement

A concise sequence helps ensure each client receives required disclosures and valid consent before work proceeds.

  • 01
    Prepare draft: Populate parties, matter, and proposed scope.
  • 02
    Identify conflicts: Perform conflicts check and draft disclosure.
  • 03
    Obtain consent: Present risks and secure each client's informed consent.
  • 04
    Execute and retain: Have all parties sign and save the fully executed agreement.

How to set up the agreement for electronic completion

Configure your e-sign workflow to preserve audit trails, authenticate signers, and retain a tamper-evident record of execution.

Field Configuration
Authentication Use email + SMS or stronger KBA for high-risk matters
Conditional Fields Show conflict waiver only if conflict checkbox selected
Templates Save a standard template to ensure consistent clauses
Audit Log Enable detailed timestamps, IP capture, and completion certificate

Where executed agreements should be stored or sent

Decide in advance where final copies live and who receives them to maintain privilege and ensure document control.

  • Attorney File: Store signed original in the firm matter folder.
  • Client Copies: Provide each client a fully executed copy promptly.
  • Opposing Parties: Share only if agreement or court order requires disclosure.
  • Court Filings: File only redacted versions unless court orders disclosure.

Digital signing and platform considerations

Make sure the chosen service meets ESIGN/UETA requirements and any industry-specific compliance (for example HIPAA BAA if health data is involved).

  • File formats: PDF and DOCX are standard; ensure final PDF/A output for long-term retention.
  • Integrations: Look for integrations with document management and practice-management systems.
  • Security: Require TLS in transit and AES-256 at rest for stored agreements.

Key timing and document-keeping deadlines

Timely disclosure, signature, and retention steps protect clients and counsel from ethical or statutory problems.

Disclosure Timing:

Disclose conflicts before or at engagement acceptance.

Informed Consent:

Obtain written consent prior to substantive work.

Record Retention:

Keep executed agreements for the applicable retention period.

Periodic Review:

Reassess conflicts if matter materially changes.

Statute Impact:

Effective date can affect limitation periods.

Common preparation mistakes to avoid

  • Failing to document a meaningful conflicts analysis or relying on verbal consent without a signed waiver.
  • Using ambiguous scope language that leaves open unapproved expansions of representation.
  • Not specifying how privileged information will be shared and who may access it.
  • Overlooking how fees or settlements will be allocated among jointly represented clients.

Potential consequences of defective or missing agreements

Malpractice Exposure: Increased risk of malpractice claims
Disqualification: Court may disqualify counsel
Fee Dispute: Unclear allocations prompt billing conflicts
Privilege Loss: Shared privilege may be challenged
Bar Sanction: Ethics rule violations can result in discipline
Unenforceable Waiver: Court may refuse to enforce an invalid consent

Real-world scenarios where a joint agreement is used

Two short examples illustrate common uses and why well-drafted consents matter.

Probate Representation

A small firm represents three siblings in settling an estate

  • All siblings share a common interest in administration
  • The firm documents scope, discloses potential divergent interests, obtains written waivers, and preserves privilege by limiting shared disclosures to estate-related matters.

Corporate Transaction

One counsel advises two affiliated LLCs in a sale

  • The entities have overlapping ownership but different risk exposures
  • The agreement allocates negotiation authority, fee billing, and requires immediate disclosure of any material adverse information that could create future adverse interests.

Common e-signature vendor comparison for executing agreements

Typical capability and price points to consider when selecting an e-signature provider; signNow is listed first per vendor-comparison conventions.

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 Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes (Business Premium+) Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently asked questions about joint representation agreements

Answers to common procedural, ethical, and execution questions when preparing or executing a joint representation agreement.


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