Lawyer choosing who to represent

[jj1019]

Hi,

This question pertains to a life insurance settlement. If the first wife and the second wife are fighting over an insurance settlement because of some ambiguity concerning the beneficiary, I was wondering if an attorney is allowed to meet for a consultation with both clients to see who has the better case and choose to represent one.

Thanks,

Jack

 

[Zigner]

THIS FORUM IS FOR QUESTIONS ABOUT U.S. LAW ONLY
When posting a question, you must include the name of your state!

 

[tranquility]

Any ethical issues are difficult to analyze. This one is too. But, it seems wrong. I'm not sure why or how, but I'm pretty sure it's wrong.

 

[seniorjudge]

Q: This question pertains to a life insurance settlement. If the first wife and the second wife are fighting over an insurance settlement because of some ambiguity concerning the beneficiary, I was wondering if an attorney is allowed to meet for a consultation with both clients to see who has the better case and choose to represent one.

A: No.

 

[las365]

Generally, once an attorney has had a consultation with one party to a dispute, s/he is conflicted out of representing another party to the disute. Presumably, because in the first consultation, s/he has obtained information from Party One that is confidential and privileged and it would be unethical to use that information in order to represent Party Two to the detriment of Party One.

Even if the attorney didn't think that s/he had obtained any knowledge that s/he would use to Party Two's advantage and Party One's detriment, the appearance of impropriety is too great. The value of confidentiality and privilege between client and attorney is too important to be cast aside.

 

[seniorjudge]

...s/he...?

Whence cometh that abomination?

 

[las365]

It's all the rage, SJ! Transgendered attorneys!

Haha, really you know, it's just my shorthand for she or he. I don't like to always type it out or use only "he" or "she" - equity and all that jazz. Maybe it's too startling? I could go with the wretched "they" instead of a singular pronoun.