Tennessee Criminal Lawyer Blog

Any time charges are brought against two or more individuals in connection with the same alleged criminal activity, possible joint representation may be an issue. Joint representation poses certain risks for both the lawyer and the client(s) that differ depending on the circumstances. It can also, however, provide substantial benefits by allowing the clients to share information while still allowing that information to be protected by the attorney-client privilege. Also, it allows the clients to present a united defense that may be stronger than both clients being represented individually, depending on the circumstances.

Often, though, joint representation in criminal cases presents a host of possible difficulties for the attorney-client relationship due to the possibility of a conflict of interest. The various stages of the trial process (including pretrial motions, plea bargaining, presentation of evidence at trial, and the sentencing phase) present numerous opportunities for the interests of the co-defendants to diverge. When that happens, counsel for the parties runs the risk of breaching the ethical standards of the profession by not being able to represent either client effectively if the interests of the clients become so contrary that it affects the representation. This may happen, for example, where the state seeks to admit evidence that incriminates one defendant but exculpates the other. Here, the attorney will have no choice but to adversely affect the interest of one of his clients whether he objects to the evidence or does not.

There are times, however, where the joint representation of clients poses no such risk. The clients’ interests may be completely identical at all points throughout the process and may be best served by joint representation. This consideration is initially left up to the discretion of the attorney, who may decide to represent two or more clients jointly after informing them of the pros and cons of such an arrangement and getting their informed consent. Thus, the best option for defendants who are considering joint representation is to consult with an experienced criminal defense attorney who can inform them as to the positives and negatives of such a choice.