Legal Question in Personal Injury in Texas

Re: Representation in Wrongful Death Case

Hello -

Often financial limitations require parties to use the same representation, but it is clear that it is in each litigant's best interest to obtain their own representation. In fact, in many circumstances it may well be a requirement, due to ethical/disciplinary rules of attorneys. The classic situation arises when a settlement offer occurs. One person may think the settlement is reasonable and the other not. One may prefer trial to settlement, one may not. The situation is very difficult when one attorney may be called upon by two clients to argue or advocate for such differing positions. If you can at all afford to do so, find your own representation.

Should you have further questions or wish to consult with this firm, please feel free to do so at no charge via e-mail at [email protected] or via phone at 254.756.5004 Thanks, and all the best.

Joshua Wintters

Attorney at Law

Re: Representation in Wrongful Death Case

It depends. Sometimes one attorney may be used, but it can

turn into a problem if the two do not agree, or if the attorneys cannot

represent both parties because of the lawyer's ethical rules.

In addition, because the fee paid to the attorney will likely be a percentage fee, it

will likely not matter whether one or two attorneys is used. I

would suggest using two attorneys to prevent possible problems down

the road.

Re: Representation in Wrongful Death Case

It's my opinion that due to the conflict of

interest potential that can arise with one

attorney representing two litigants in the same

action that it is necessary to have separate

attorneys. Also, the disciplinary rules suggest

it and the best outcome will be achieved by each

party if they have their own attorney. Feel free

to contact me at the email address below

or at 210.224.5811.

Best Regards,

Stephen Nicholas