Deciding When to Assign Separate Counsel for Public Human Service Agency Co-Defendants

In a recent article, Daniel Pollack, a professor at the School of Social Work, Yeshiva University, in New York City & Cameron R. Ghetto, Esq. discuss the dilemma of whether a department of human services employee who is sued is entitled to their own attorney. They point out that of critical importance is the type of claim asserted. Is it predicated upon negligence? Is it an intentional tort? They point out that  given the unique nature of each lawsuit and the laws that apply, no one prescription applies to all situations. The following topics are covered; When Employees Should Request their Own Attorney? Financial Considerations; When the Government is Likely to Provide Counsel for an Individual Employee; Conflict Waivers; Ethical and Substantive Legal Considerations. They conclude that “An attorney may represent multiple clients if their interests are not directly adverse to each other. However, the attorney must explain any circumstances that might cause a client to question the attorney’s undivided allegiance. Similarly, if there are questions of conflict of interest the attorney seeking to undertake the representation must satisfactorily resolve them. During litigation, many states allow the court to raise the question if it believes the attorney has failed to do so.” Read Complete Article. Deciding when to assign separate counsel to public service agency co-defendants.