Model Rule 3.4 - 5 does not contemplate that clients
in a joint retainer can agree that information will be treated as confidential.
That candour
in a joint retainer can be limited by agreement in England should be a surprise for Canadian lawyers.
Conflicts may also arise
in a joint retainer where the jointly represented clients» interests diverge.
Law society rules regulate joint retainers requiring that lawyers advise their joint clients that secrets can't be kept between clients
in a joint retainer.
If candour can be waived by clients, does this rule apply where clients want secrecy between them for some matters
in a joint retainer?
Not exact matches
But a form filed with the state
Joint Commission on Public Ethics (JCOPE) says Benjamin is on paid
retainer «at a rate of $ 5,000 per month» for Genesis, beginning June 2017, a month after he was elected, and ending
in June 2018.
While likely not recognized at the time, this was at least arguably a breach of the
joint retainer rule
in the Rules of Professional Conduct.
Separate from the
joint retainer rule, our Codes and Rules of Professional Conduct require candour
in all matters but, unlike avoiding conflicts, there is no provision for consent otherwise.
A lawyer contemplating accepting a
joint retainer should consider three «threshold» questions: is there a conflict of interest
in acting for both spouses?
Where parents agree that counsel is necessary
in order to achieve the best resolution for the children, Andrea will accept a
joint retainer to act on their behalf.
[2]
In addition to acting for the organization, the lawyer may also accept a
joint retainer and act for a person associated with the organization.
[1] Although this rule does not require that a lawyer advise clients to obtain independent legal advice before the lawyer may accept a
joint retainer,
in some cases, the lawyer should recommend such advice to ensure that the clients» consent to the
joint retainer is informed, genuine and uncoerced.
Where there is a
joint retainer, or where the same solicitors act for two clients
in related matters
in which they have a common interest, neither client can claim legal professional privilege against the other
in relation to documents which come into existence, or communications which pass between them and the solicitors, within the scope of the
joint retainer or matter of common interest concerned.