Legal Question in Personal Injury in Texas
Representation in Wrongful Death Case
There are two parties suing in a wrongful death case. Would it be in the best
interest of the clients to use the same lawyer or each have their own lawyer?
3 Answers from Attorneys
Re: Representation in Wrongful Death Case
Hello -
Often financial limitations require parties to use the same representation, but it is clear that it is in each litigant's best interest to obtain their own representation. In fact, in many circumstances it may well be a requirement, due to ethical/disciplinary rules of attorneys. The classic situation arises when a settlement offer occurs. One person may think the settlement is reasonable and the other not. One may prefer trial to settlement, one may not. The situation is very difficult when one attorney may be called upon by two clients to argue or advocate for such differing positions. If you can at all afford to do so, find your own representation.
Should you have further questions or wish to consult with this firm, please feel free to do so at no charge via e-mail at [email protected] or via phone at 254.756.5004 Thanks, and all the best.
Joshua Wintters
Attorney at Law
Re: Representation in Wrongful Death Case
It depends. Sometimes one attorney may be used, but it can
turn into a problem if the two do not agree, or if the attorneys cannot
represent both parties because of the lawyer's ethical rules.
In addition, because the fee paid to the attorney will likely be a percentage fee, it
will likely not matter whether one or two attorneys is used. I
would suggest using two attorneys to prevent possible problems down
the road.
Re: Representation in Wrongful Death Case
It's my opinion that due to the conflict of
interest potential that can arise with one
attorney representing two litigants in the same
action that it is necessary to have separate
attorneys. Also, the disciplinary rules suggest
it and the best outcome will be achieved by each
party if they have their own attorney. Feel free
to contact me at the email address below
or at 210.224.5811.
Best Regards,
Stephen Nicholas