Can a lawyer still represent his client if they are now both named as defendants in the same case?

Question

I just recently sued this company, some of there employees, and there lawyers for defamation, and several other things that transpired in this previous lawsuit. What I want to know is, can these two lawyers, and there company continue to represent these clients

Answer 1

The lawyers should get lawyers of their own and NOT affiliated with that particular company!! His client is screwed if they have both been targeted for the same infraction! The client should get a totally disinterested attorney for himself!!  I had an attorney was supposedly to represent me on my case, and I found out he was taking a kick back from the other side!!! I turned him in and got me a new attornery!!  Nice eh! You can't even trust lawyers these days!!!

Answer 2

There is an ethical rule that a lawyer must decline a case if the lawyer is likely to also be a witness in that case.   In most cases where the lawyer is named as a defendant, he is likely to be a witness and thus cannot act as a lawyer in the case.  However, there is an exception because some plaintiffs name defendants frivolously.  So, the lawyer can keep the case during the initial stages to see if one or more of the defendants can get dismissal, but must withdraw before trial if it still appears he is likely to be a witness for either party.

Answer 3

.   I think he is legally allowed to represent you.  It would be unusual if he did.  Usually he has a friend take over for you so you don't get bogged down in his case.

Answer 4

Yes they can.  Whether they should is a different question.

Answer 5

The choice of representation is totally up to the client and you, as Plaintiff, have no say in the matter.  If the possibility of a conflict exists, the lawyer and the client will discuss it and decide how to proceed.  As long as both agree that a conflict does not exist, the lawyer may continue to represent the client.

Sometimes a Plaintiff will attempt to "outsmart" the court by suing someone AND their lawyers.  Courts view this suspiciously because it can be an attempt to CAUSE a conflict and deprive someone of their legal right to choice of representation.  

When the attempt is transparent enough, courts will dismiss the case and penalize the person doing this by making them pay ALL the legal fees in what they view as a "nuisance" suit.

Many people have also tried, unsuccessfully, to sue judges in an unsuccessful attempt to force the judges to recuse themselves from the case.  Courts and appeal courts have seen this so many times that they rarely give any credence to the Complaint.