Ethics Committee Advisory Opinion #2014-15/10
By the NHBA Ethics Committee
Joint representation of clients in estate planning requires informed consent and that the lawyer be from those clients and that the lawyer be on guard for impermissible conflicts arising during the course of the representation which require withdrawal.
Joint representation of client requires informed consent.
A lawyer must keep both clients reasonably informed about the representation.
A lawyer must be vigilant to detect if a concurrent conflict of interest arises between the clients which requires the lawyer’s withdrawal.
This opinion was submitted for publication to the NHBA Board of Governors at its June 18, 2015 meeting.