What must a lawyer do before accepting a joint retainer from two clients?

Before accepting a joint retainer from two clients, it is crucial for a lawyer to ensure awareness of any potential conflicts of interest that may arise and to obtain written consent from both parties. This step is essential in legal practice, particularly in family law, where issues surrounding joint interests may lead to conflicting positions or disagreements between clients.

When both clients have mutual interests, there is still a possibility that their interests could diverge. For example, in matters such as divorce or property division, what is good for one client may not be beneficial for the other. Therefore, the lawyer has an ethical obligation to identify and disclose any potential conflicts that could affect the attorney-client relationship.

By obtaining written consent, the lawyer protects themselves from future claims of conflict of interest. This practice reinforces the importance of transparency and allows clients to make informed decisions regarding their legal representation. Additionally, ensuring both clients are adequately informed about the implications of a joint retainer helps maintain trust and clarity in the attorney-client relationship.

While court approval and separate legal opinions can be relevant in specific contexts, they are not prerequisites for accepting a joint retainer in most situations. Providing an account of the financial implications is also significant but does not address the core issue of potential conflicts of interest, which