Simultaneous Representation: Transaction Resolution in the Adversary System
James C. Hagy · New York Law School’s Digital Commons (New York Law School) · 1977
The proscription of simultaneous representation of potentially conflicting interests in the present Code of Professional Responsibility runs counter to the belief of many prospective clients that they are capable of formulating their own objectives. The author examines three possible simultaneous representation situations-the ''friendly" divorce, the formation of a close corporation, and the simple transfer of residential property. Finding that all three may present appropriate cases for treatment by a single lawyer, the author suggests modifying the presently restrictive Canon 5 of the Code of Professional Responsibility to enable attorneys to better serve their clients' needs within the limits of acceptable ethical conduct.