Legal Question in DUI Law in Illinois

Re: conflict of interest

According to the Illinois Supreme Court Rules, generally a conflict of interest arises:

Rule 1.7. Conflict of Interest: General Rule

(a) A lawyer shall not represent a client if the representation of that client will be directly adverse to another client, unless:

(1) the lawyer reasonably believes the representation will not adversely affect the relationship with the other client; and

(2) each client consents after disclosure.

(b) A lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer's responsibilities to another client or to a third person, or by the lawyer's own interests, unless:

(1) the lawyer reasonably believes the representation will not be adversely affected; and

(2) the client consents after disclosure.

(c) When representation of multiple clients in a single matter is undertaken, the disclosure shall include explanation of the implications of the common representation and the advantages and risks involved.

In other words, you need to talk to your attorney about your concern that there is a conflict of interest and listen as to why he/she doesn't believe that representation of the other defendant will adversely affect you and I believe he or she can best tell you about the implications of representing both of you and what the advantages may be.

If you disagree, then get another attorney or bring the matter to the attention of the judge.

Re: conflict of interest

Absolutley, that is a conflict of interest. Who is your lawyer going to defend if you both want a trial? If you're not comfortable with your lawyer is representing both of you, then voice your objection and get a new lawyer. Please call me if you need help.