Legal Question in Legal Ethics in Tennessee

If a legal (attorney's) bill was paid equally by two individuals who had the same attorney prepare a purchase agreement, did the attorney represent both parties?


Asked on 8/15/17, 3:39 am

1 Answer from Attorneys

Probably, but what does the contract say?

Paying the bill of an attorney does not make the person paying the bill the client.

In fact, there is a considerable body of law and ethics as to "who is the client, where do the loyalties of the attorney lie?"

Mom can hire an attorney for son, but even if she is paying the bill, the son is the client and the lawyer must receive his

instructions and act in the best interest of the son, even if it is contrary to what Mom wants.

A lawyer can stumble into error if he agrees to represent two parties, who appear to have the same non-competing interests,

only to have the deal go sideways as to one of the two parties. As a general rule, the attorney must keep a perfectly square

playing field between both his parties, and if a conflict arises between them, must withdraw from both parties.

The smart lawyer -- and the smart client -- will specify in the contract of employment who is "the client" and if there is more than

one client, what will happen if a conflict develops. While "He who pays the Piper calls the Tune" may be true in a dance hall, it's not always the rule in court.

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Answered on 8/15/17, 11:05 am


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