June 21, 2012

Joint representation conflicts.


Practice point: There is the potential for a conflict resulting from the firm’s joint representation, as each defendant has a competing interest in minimizing its proportional share of the damages.

Student note: An attorney may not place himself in a position where a conflicting interest may, even inadvertently, affect, or give the appearance of affecting, the obligations of the professional relationship, and any doubt as to the existence of a conflict of interest must be resolved in favor of disqualification.

Case: Roddy v. Nederlander Producing Co. of Am., Inc., NY Slip Op 04685 (1st Dept. 2012).

 Here is the decision.

Tomorrow’s issue: Preliminary injunctions.