Acting for Two or More Clients (continued)

If you are representing more than one client in a matter and a conflict arises between them:
  • you must not advise either client on the contentious issue unless all clients have agreed that if a contentious issue arises, you may continue to represent one of them, and you must;
    • refer the clients to other lawyers; or
    • advise the clients of their option to settle the contentious issue by direct negotiation in which you will not participate provided that no legal advice is required and the clients are sophisticated.
  • if the contentious issue is not resolved, you will withdraw from the representation.
If the contentious issue is not resolved, you must withdraw from the joint representation.   
If you are dealing with a real property conveyance, you must provide the form in Appendix A of the Code of Conduct to your clients and obtain their signature at the beginning of the matter.
If you are considering jointly representing two or more clients, review section 3.4 of the Code of Conduct carefully.