Can two people who are charged with the same drug charge use the same lawyer? 32 Answers as of May 22, 2013

The person who I hired was also hired to be their lawyer too.

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James M. Osak, P.C.
James M. Osak, P.C. | James M. Osak
Not always the best idea. You and co-defendant may have "conflicting" interests during this case.
Answer Applies to: Michigan
Replied: 10/8/2012
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
If there are no conflicts in interest, it is okay, but if one defendant tries to blame another co-defendant, then a conflict arises, and that can be a very bad situation, and is a conflict of interest.
Answer Applies to: Illinois
Replied: 10/4/2012
Universal Law Group, Inc. | Francis John Cowhig
If you and your friend agree to waive any conflicts of interest, it is alright to be represented by the same attorney. However, depending on the circumstances of your case, you may be better off hiring an attorney who will be looking out for your best interest only, instead of one whose loyalties are split.
Answer Applies to: California
Replied: 10/2/2012
Law Offices of John Carney
Law Offices of John Carney | John Carney
When there re co-defendants they should retain separate lawyers unless it is a simple matter that will be dismissed on the first appearance. There is a clear conflict of interest and each defendant should obtain lawyers who are not in the same firm.
Answer Applies to: New York
Replied: 10/3/2012
Mace J. Yampolsky, LTD
Mace J. Yampolsky, LTD | Mace Yampolsky
Yes as long as there is not conflict.
Answer Applies to: Nevada
Replied: 10/3/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    No.
    Answer Applies to: New Jersey
    Replied: 5/22/2013
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    It depends on whether there is a conflict of interest between the 2 defendants. If they are going to assert different defenses or make accusations against each other than each defendant should have his own attorney. If there is no conflict of interest it is Okay for one attorney to represent the 2 defendants. However, generally to avoid a potential or actual conflict of interest it is better for each defendant to have his own attorney.
    Answer Applies to: New York
    Replied: 10/2/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    It is possible but attempting to represent dual clients is a real danger for an attorney and possibly for the defendant. A court may allow dual representation if both parties state on the record that they understand the possible detriments and wish to be jointly represented anyway. The potential problem is that the two client's situations differ enough to make joint representation unfair to one party. For example, one of the defendants might have a prior record that might reflect on the other. Another potential problem is that the prosecution may want to offer one defendant a deal in order to give evidence harmful to the other defendant. One lawyer then has a conflict of interest trying to adequately represent both parties.
    Answer Applies to: Minnesota
    Replied: 10/2/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    They can, but they must both sign a written document indicating that they know the dangers of a conflict and nevertheless consent to such representation.
    Answer Applies to: California
    Replied: 10/2/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If the charges for two friends are not related or arising out of the same incident there is no problem using the same attorney. However, if the charges come from the same incident it is inadvisable to use the same attorney. There are times when co-defendants interests are in conflict and one attorney cannot represent both. If however, you decide to use the same attorney you need to sign a waiver for that.
    Answer Applies to: California
    Replied: 10/1/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    They can as long as they both agree and do not have any defense pointing the finger at the other person.
    Answer Applies to: Michigan
    Replied: 10/1/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    Yes, they can, but both people have to know about it and agree to it. It sounds like you might be uncomfortable with using the same attorney. If so, you should request a refund of your retainer and hire a new attorney, explaining why. Ethically, an attorney needs to serve their clients best interests, and if you don't like using the same attorney then he isn't serving your interests.
    Answer Applies to: Utah
    Replied: 10/1/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    One lawyer cannot represent two co-defendants in any case.
    Answer Applies to: Washington
    Replied: 10/1/2012
    Attorney at Law | Michael P. Vollandt
    Not good. There could well be a conflict of interest between your co defendant and the lawyer. Actually, if you find that to be the case then I think the lawyer should be off the case period and not represent either. You or the other person can waive the conflict but that is also not good.
    Answer Applies to: California
    Replied: 10/1/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    Yes - but it is a possible conflict of interest.
    Answer Applies to: New Jersey
    Replied: 10/1/2012
    T.K. Byrne | Timothy K. Byrne
    They can but it may create a conflict of interest.
    Answer Applies to: Mississippi
    Replied: 10/1/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Inherent conflict of interest.
    Answer Applies to: Minnesota
    Replied: 10/1/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    The attorney would have to determine if there was any potential for conflict of interest. If both people's interest were the same, the same attorney could represent both. It would be a better practice, however, to not represent both defendants.
    Answer Applies to: Michigan
    Replied: 10/1/2012
    Wilson & Cain, P.A.
    Wilson & Cain, P.A. | Gary M. Wilson
    Ask your lawyer.
    Answer Applies to: Michigan
    Replied: 10/1/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Yes, but it is a bad idea as there are conflicts of interest.
    Answer Applies to: Michigan
    Replied: 10/1/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    It's a bad idea.
    Answer Applies to: Washington
    Replied: 10/1/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Two people can people can retain the same lawyer, but the question sounds you both independently retained the same lawyer. I have never heard of that before. You both must agree to waive any conflict.
    Answer Applies to: Georgia
    Replied: 10/1/2012
    Meyer & Kiss, LLC
    Meyer & Kiss, LLC | Louis J. Meyer
    It depends. There might be a conflict depending on the theory of the case.
    Answer Applies to: Illinois
    Replied: 10/1/2012
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    There would need to be a waiver of a conflict of interest by both Defendants.
    Answer Applies to: Nevada
    Replied: 10/1/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    Generally no there would be a conflict of interest.
    Answer Applies to: Michigan
    Replied: 10/1/2012
    The Rogers Law Firm
    The Rogers Law Firm | Andrea Storey Rogers
    Yes, there is nothing wrong with two people who were together when they were both charged with drug possession (for example, you were in the same car together and the same police officer issued the tickets to both of you at the same time) using the same lawyer to represent them in court. They will be considered two separate cases, and the lawyer can not talk to one of the defendants about the other defendant's case.
    Answer Applies to: Missouri
    Replied: 10/1/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    Could be seen as a conflict of interest.
    Answer Applies to: New Jersey
    Replied: 10/1/2012
    Joel R. Salinger Attorney at Law
    Joel R. Salinger Attorney at Law | Joel R. Salinger
    Yes, if each of you waive conflict of interest or until the conflict of interest arises.
    Answer Applies to: New York
    Replied: 10/1/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    You must each sign a waiver of conflict of interest in order for the lawyer to represent both of you.
    Answer Applies to: Florida
    Replied: 10/1/2012
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