Model Rule ABA 1.13, “Organization as a Client”, applies to joint or dual representation. Rule 1.13 states in the relevant part: see, however, in re: Congoleum Corp., 426 F.3d 675 (3d Cir. 2005). In that document, the General Court annulled any waivers and found that the ineffective declarations of waiver by the applicants whom it represented in complex bankruptcy proceedings were contrary to the professional rules. The court said, “While customers in New Jersey and ABA Rules of Professional Conduct may waive concurrent conflicts, the effect of a waiver, especially a potential waiver, depends on the actually informed agreement of the customers. Given the complexity of the bankruptcy proceedings and the “many hats” worn by Gilbert throughout the pre-application and subsequent application proceedings, we cannot conclude that the alleged waivers received by Gilbert von Weitz “on behalf of” each client constituted informed and prospective consent. .” “We conclude that Gilbert did not receive any effective waivers from the complainants he represents and therefore violated ethical rules.” You can ask the skilled person for clarification, but generally, if you hired the person, they owe you a fiduciary duty. For example, if you contacted a lawyer for the transaction and you pay the lawyer, the lawyer owes you the fiduciary duty. On the other hand, if you enter into the agreement and the other party provides you with a lawyer with whom you can interact, you do not have the fiduciary relationship with that lawyer.
The court found that the agreement was not contrary to public policy. He argued that if several plaintiffs agree to pool their resources for trial purposes, “we cannot say that it is inappropriate for them to request, under this agreement, that their cases be dealt with in a single case.” The Court also rejected the defendant`s argument that the multiple representation of the parties constitutes an inadmissible conflict of interest justifying the disqualification of the undertaking. None of these approaches to the problem of dual representation in immigration is perfect. Each lawyer or law firm must choose the approach that best suits them and especially their clients. When it comes to immigration clients, it will be very helpful to be aware of these issues when selecting an immigration lawyer.. . . .