Legal Question in Civil Rights Law in New Mexico
In New Mexico, a city attorney proposes to represent 3 sets of clients jointly in litigation as defendents in litigation over the IPRA. Only one of the 3 clients is the City. Is this a conflict of interest? What could he do to avoid the conflicts of interest?
Asked on 12/18/09, 11:01 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
There is no prohibition against an attorney representing multiple clients so long as their interests do not conflict. Under the facts you have stated, there is no basis for assuming there is a conflict of interest between the city and individual defendants. If such a conflict exists or arises, then the attorney cannot represent those clients who are in conflict. There is nothing he can do to avoid the conflicts. Another attorney must represent the conflicted clients.
Answered on 12/29/09, 3:32 pm