Attorney Membership: Can Lawyers Join Multiple Law Firms?

There are no legal restrictions on an attorney being a member of multiple law firms, however, there are ethical considerations that may limit the frequency of such occurrences. While there is no prohibition on a lawyer being a partner in more than one firm, the firms must be treated as one entity for conflict of interest purposes. This means that the lawyer has fiduciary duties to both firms and must ensure a consistent approach regarding client and business opportunities. In addition, dual representation, where a person hires two separate attorneys or law firms to handle the same legal claim or case, can lead to complications and harm the client's case.

Ethical considerations

While there is no legal bar to an attorney being a member of two law firms, there are several ethical considerations that arise from such a scenario.

Firstly, the attorney in question must be mindful of their fiduciary duties to both firms. This includes maintaining a consistent approach regarding client and business opportunities. For instance, if a prospective client approaches an attorney who practices at multiple firms, it must be clear which firm has secured the engagement. This could be addressed through a carefully drafted side letter to the standard employment agreement, allowing the attorney to maintain multiple affiliations.

Secondly, the multiple entities with which the attorney is affiliated would be viewed as one entity for conflicts purposes. This means that if the attorney has a conflict of interest with one firm, it is effectively a conflict of interest with all firms. As such, the attorney and the firms must ensure that the interests of all parties are parallel and do not pursue competing interests against the client in the same matter.

Thirdly, the issue of dual representation arises, where a person hires two separate attorneys or law firms to handle the same legal claim or case. While this is permissible, it often leads to complications and can harm the client's case. It is important for the client to be transparent with both attorneys or firms to avoid accidentally signing contracts with two different law firms, which can result in delays and frustration for all parties involved.

Overall, while there is no absolute prohibition on an attorney being a member of two law firms, careful consideration must be given to the ethical implications. These include the attorney's fiduciary duties, conflicts of interest, and the potential challenges of dual representation.

Multiple firms, one entity

While there are no absolute bars or serious impediments to an attorney's ability to serve as a partner in or be "of counsel" to multiple firms, there are ethical considerations that merit careful attention. The law is clear that the multiple entities with which the attorney is affiliated would be viewed as one entity for conflicts purposes. This means that the lawyer has a fiduciary duty to all the firms they practice with, and the firms must have a consistent approach regarding client and other business opportunities.

For instance, if a prospective client approaches a lawyer who practices at multiple firms, a decision must be made about which firm will take the engagement. In addition, the lawyer must ensure that the firms do not pursue competing interests against the client in the same matter.

To address these ethical considerations, modifications can be made to client engagement letters, and other changes in procedure can be implemented. For example, a carefully drafted side letter to the standard employment agreement may be necessary to allow an attorney to pursue or maintain multiple affiliations. This would ensure that the lawyer's "'of counsel' relationship with both firms effectively makes them a single firm for conflict of interest purposes".

Overall, while it is possible for an attorney to be a member of multiple firms, it is important to carefully navigate the ethical considerations and treat the multiple firms as a single entity for conflicts purposes.

Conflict of interest

A conflict of interest arises between an attorney and a client if the interests of the attorney, a different client, or a third party conflict with the interests of the present client. Attorneys have a duty to zealously represent the interests of their client(s). In the event that the attorney has two or more clients, these duties may conflict, making it impossible for the attorney to fulfill both at once. For example, if an attorney has both the plaintiff and defendant in a given case as clients, advocating for one will inherently mean advocating against the interests of the other.

Attorneys must take care to check for potential conflicts prior to accepting an individual as a client. They have a duty of loyalty, and conflicts of interest have been broadly condemned for the damage they cause to the attorney-client relationship and the legal profession. As per the ABA Model Rule 1.7, an attorney who believes themselves to be subject to a potential conflict of interest has a duty to notify their potential client or current client.

Conflicts of interest can arise in other settings, too. For example, doctors avoid treating family members, and politicians get censured for appointing relatives to high offices. If an attorney knowingly represents a client with a conflict, they may face disqualification or disbarment, and they may open themselves up to a legal malpractice suit.

In the context of an attorney working for two law firms, there are a number of ethical issues that arise. The law is clear that the multiple entities with which the attorney is affiliated would be viewed as one entity for conflicts purposes. This means that one attorney's conflict of interest is generally imputed to the entire law firm. However, there is an exception where a lawyer who has a conflict of interest joins a different firm, or if the client gives informed consent and the attorney is screened from paper and electronic files.

Dual representation

There is no limit to the number of attorneys that can represent a client, as long as their interests are parallel and the same. However, the multiple entities with which the attorney is affiliated will be viewed as one entity for conflicts purposes. This means that the lawyer and the firms involved need to have a consistent approach regarding client and other business opportunities.

To ensure the best possible outcome for a legal claim, it is recommended to carefully choose a single attorney who you trust and feel comfortable working with. This allows for clear communication, a focused strategy, and avoids the potential conflicts and complications that come with dual representation.

Client engagement

While there is no restriction on an attorney being a member of multiple firms, there are ethical considerations that must be addressed. The primary concern is the potential for conflicts of interest, which can arise when an attorney has fiduciary duties to multiple firms and clients. To mitigate this, attorneys and firms should have a consistent approach to client engagement and business opportunities. For example, if a lawyer practising at multiple firms is approached by a prospective client, it must be clear which firm will take the engagement.

In some jurisdictions, additional disclosures on firm stationery or letterheads may be required to avoid confusion and ensure compliance. These disclosures help to create transparency and maintain client trust. It is also important to consider the effect of the attorney's multiple affiliations on the duty of confidentiality. While each client has the right to expect loyalty and confidentiality, maintaining confidentiality across multiple firms may be challenging.

To address these challenges, attorneys and firms should implement consistent policies and procedures. For example, they may need to establish protocols for sharing confidential information while ensuring that client interests are protected. Additionally, they should consider the potential impact on the attorney's independence of professional judgment. If there is a material risk that the dual role could compromise their judgment, the attorney may need to resign from one of the firms or decline representation in certain matters.

Overall, while an attorney can be a member of two law firms, it requires careful navigation of ethical considerations and potential conflicts of interest. Transparent and consistent practices, as well as clear communication with clients, are key to successfully managing these challenges and maintaining client engagement.

Frequently asked questions