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.
(a) the subsequent communication would be treated as a request for a new retainer and not as part
of the joint retainer;
Understand the business risks as well as the potential benefits
of the joint retainer arrangement.
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.
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.
Differential housing, transaxle housing, final drive housing, all internally lubricated parts
of the foregoing, axle shafts, constant velocity
joints, universal
joints, drive shafts, locking hubs, hub bearings, locking rings, supports,
retainers and bearings, seals and gaskets.
All internally lubricated parts contained within the axle / final drive housing including: Axle Shafts, Differential Cover, Universal
Joints and Yokes, Constant Velocity and Double Offset
Joints, Wheel Bearings, Drive Shaft Center Bearings,
Retainers, Supports, Propeller Shafts — Case / Housing (covered only if damaged by the failure
of an Internally Lubricated Part) Four Wheel Drive: Transfer Case and all Internal Parts, Drive Shafts (Front and Rear), Universal
Joints and Yokes, Drive Shaft, Center Bearings, Axle Housing and all Internal Parts, Disconnect Housing Assembly, Axle Shafts and Axle Shaft Bearings, Vacuum Switch / Actuator, Locking Hub Assemblies — Case / Housing (covered only if damaged by the failure
of an Internally Lubricated Part)
Differential housing, transaxle housing, final drive housing, all internally lubricated parts
of the foregoing, axle shafts, constant veloocity
joints, universal
joints, drive shafts, locking hubs, hub bearings, locking rings, supports,
retainers and bearings, seals and gaskets.
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.
At times the
joint retainer is the only cost effective method
of recovery.
A lawyer contemplating accepting a
joint retainer should consider three «threshold» questions: is there a conflict
of interest in acting for both spouses?
Thus, any communications made to the lawyer will not constitute a waiver
of privilege outside
of the
retainer, but will constitute a waiver with respect to the
joint party.