Legal Joint Representation Notice

Legal Joint Representation Notice

Client Name(s):    Attorney/Firm Name:

Matter / Subject:    Date of Notice:

RECITALS

WHEREAS, Client Name(s) named above have requested that Attorney/Firm provide legal representation in the matter described above; and

WHEREAS, Attorney/Firm has determined that the legal representation would involve acting concurrently for two or more persons or entities whose interests may be or become potentially divergent in respect of the subject matter of the representation; and

WHEREAS, the parties wish to document the nature, scope, risks and limitations of joint representation and to obtain informed written consent where required by applicable professional responsibility standards;

NOW, THEREFORE

In consideration of the mutual covenants and agreements contained in this Notice, the parties agree as follows:

1. ACKNOWLEDGMENT OF JOINT REPRESENTATION

Client(s) acknowledge that Attorney/Firm will represent the legal interests of all named Client(s) concurrently in the Matter. Client(s) understand that a joint representation involves the sharing of information and strategy and that Attorney/Firm will not represent the interests of any individual client to the exclusion of the others unless another written agreement is executed.

2. SCOPE OF REPRESENTATION

3. POTENTIAL CONFLICTS OF INTEREST

Attorney/Firm has disclosed to Client(s) those actual or reasonably foreseeable conflicts of interest known at the time of this Notice. Client(s) understand that joint representation creates a risk that the interests of one client may be or become adverse to the interests of another client with respect to factual positions, settlement positions, trial strategy, discovery, or privilege assertions.

4. CONFIDENTIALITY AND USE OF INFORMATION

Client(s) acknowledge that information disclosed by any one client to Attorney/Firm in the course of the joint representation may be shared with the other client(s) and may be used in the joint representation unless protected by a recognized privilege. Clients are advised that no communication among clients made during the representation will be treated as confidential between those clients where disclosure is necessary for the joint representation.

5. DUTIES, LIMITATIONS AND ALLOCATION OF RESPONSIBILITIES

Attorney/Firm will use reasonable skill, diligence and professional judgment in providing legal services. Client(s) understand that Attorney/Firm cannot act in a manner that would place the duties owed to one client in direct conflict with duties to another without the clients' informed consent. Allocation of responsibilities among Client(s) (for example, payment of fees, cooperation in discovery, provision of documents) shall be as set forth below or otherwise agreed in writing.

6. INFORMED CONSENT AND WAIVER

By signing below, Client(s) acknowledge that they have been informed of the risks inherent in joint representation, that Attorney/Firm has advised them of the availability of independent counsel, and that they provide informed consent to Attorney/Firm's joint representation as described in this Notice. Client(s) further acknowledge that they have had the opportunity to ask questions and that all questions have been answered to their reasonable satisfaction.

  I/We consent to the joint representation described in this Notice.

  I/We knowingly and voluntarily waive any actual or potential conflict of interest disclosed above to the extent permitted by law and professional rules.

7. WITHDRAWAL AND TERMINATION

Attorney/Firm may withdraw from representation if a conflict arises that materially impairs the attorney's ability to represent all clients effectively, if one or more clients breach this agreement, or for other good cause, subject to applicable rules of professional conduct and court approval where required. Upon withdrawal, Attorney/Firm will take reasonable steps to protect clients' interests, including giving reasonable notice, allowing time for employment of other counsel, and delivering papers and property to which the clients are entitled.

8. FUTURE CONFLICTS

Client(s) understand that circumstances may change and that new conflicts may arise during the representation. Attorney/Firm will notify the clients promptly if a material conflict arises that could affect continued joint representation and will seek further written instructions and consents as required.

9. NOTICES

10. GOVERNING LAW

This Notice shall be governed by and construed in accordance with the substantive laws of the jurisdiction agreed between the parties below, without regard to principles of conflicts of law.

11. ENTIRE AGREEMENT

This Notice, together with any separate fee agreement, engagement letter, or other written instruments executed by the parties, constitutes the entire agreement among the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written.

12. SEVERABILITY

If any provision of this Notice is held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

13. AMENDMENT; WAIVER; COUNTERPARTS

This Notice may be amended only by a written instrument signed by all parties. No waiver of any provision shall be effective unless in writing and signed by the party waiving compliance. This Notice may be executed in counterparts, each of which shall be an original.

14. ADVICE REGARDING INDEPENDENT COUNSEL

Client(s) are advised of their right to seek independent legal advice regarding this Notice and the advisability of joint representation. Client(s) acknowledge receipt of that advice and indicate whether they have: (a) sought independent counsel; (b) declined to seek independent counsel; or (c) deferred a decision.

  Independent counsel sought and retained.
  Independent counsel advised of right but declined.
  Decision deferred.

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