The “Tripartite Relationship” Some Thoughts on Avoiding the Pointy End
By Edward McIntyre
Typically, when a lawyer represents two clients in the same matter, the relationship is both clear and balanced. The lawyer owes equal loyalty to each client; neither has a primary claim on the lawyer’s fidelity. Indeed, should one client insist the lawyer not disclose important information to the other, the lawyer likely has to withdraw from the representation of at least that client—perhaps both. The reason? Rules of Professional Conduct, rule 3-310(C)(2) prohibits representation of clients with adverse interests in the same matter, and rule 3-500 requires communication of significant developments in the representation to a client. An instruction by one client not to reveal important information to the other flies in the face of rule 3-500’s mandate, triggering the precise adversity rule 3-310(C)(2) will not allow.