Legal Question in Employment Law in California

You bring up some very good questions. However, a conflict waiver is required for the same attorney to represent both you and your employer company. This is normal. Your attorney should explain to you what potential conflicts could arise and give you a full understanding of the possibilites given the specific facts of your case. You are entitled to a full understanding of the consequences of the waiver BEFORE you sign it. Each case has it own unique facts. For example, if the employer decides to make you the scapegoat in the case, it may seem the lawyer is favoring the employer and not looking out for your best interests. If a conflict does arise you are entitled to get your own attorney and to have the insurance company and/or the employer pay for it. Ask more questions of your attorney! He/She owes you that.

Ms. Reisdorph's answer is correct, but maybe a little unclear on the specifics. An attorney is required to decline a joint representation if there is a possibilty under the known facts and allegations of the case that any of the potential paths or outcomes of the case would result in the two parties having conflicting interests. However, if both parties acknowledge the potential conflict, at a time that no actual conflict has manifested itself, and agree to waive the potential conflict, the joint representation can go forward untill and unless a potential conflict actually manifests into an actual conflict. In most cases, one of the parties is footing the bill, and so the waiver also provides that in the case of an actual conflict, the non-paying party agrees that the attorney can still continue to represent the paying party. If your employer is willing to foot the bill for the lawyer, it is in your interest to sign the waiver in pretty much any circumstance I can think of.