Joint representation
Joint representation is one lawyer representing two or more clients in related estate planning matters. For owners of businesses, real estate and private investments, the clients may include spouses, unmarried partners, a family business or adult children. The clients share the lawyer's representation, while confidentiality and conflicts can affect how that representation works.
How it works
Joint representation involves the lawyer representing both individuals in a couple. Estate planning practitioners describe confidences and goals shared among both clients and the lawyer.
The Florida Bar's Advisory Opinion 95-4 says a lawyer jointly representing spouses may not disclose one spouse's separate confidential information to the other. The opinion says the lawyer must withdraw from representing both when a conflict arises.
Where it shows up for owners of businesses, real estate and private investments
Estate planners routinely represent married couples and increasingly represent unmarried romantic partners jointly. Related matters can involve a couple, their family business or their children across estate, divorce and business matters.
For each family business succession planning engagement, practitioners describe establishing in writing which parties the lawyer represents and which parties the lawyer does not represent.
Points that are easy to confuse
Joint representation of spouses does not make one spouse's separate confidential information disclosable to the other under the Florida Bar opinion. The opinion addresses withdrawal from representing both spouses when a conflict arises.
Practitioners point to ethical and professional risks if a couple's relationship deteriorates and the lawyer becomes caught between the clients.
Common questions
Can a family business and family members be involved in related representation?
Practitioners note potential conflicts when representing a couple, their family business or their children in related estate, divorce and business matters. Trust and estate practitioners describe written identification of the parties represented and not represented in each family business succession planning engagement.