Joint Representation Problems

The Evolving Existence of Employment Law

The evolving existence of employment law has presented companies and employment lawyers with legal quandaries. Ethical questions resulting from workplace cases present special challenges that must be thoroughly examined. Furthermore, the difficulties of collective representation have proved to be adverse to the partners. Lawyers may use shared counsel to defend different clients in a dispute involving related cases. According to Edwards, the Joint Security Agreement requires the parties to exchange “defense materials without waiving the rights attaching to their use and disclosure” (Edwards, 2012). The governing principle is that the lawyer will act in good faith and represent each individual in a manner that is reasonable. For this reason, the lawyer is expected to act ethically and ensure that the best interests of every client are represented. However, this sometimes fails to be the case as many lawyers are influenced by conflicts of interests. Joint representation is alluded to be appropriate and cost-effective in proceeding with employment litigation that involves the employee and the employer. However, counsel has to be alerted on the potentiality of conflicts of interest to guarantee equal representation for both parties without being compromised by conflicts of interests (Savage, 2002).

Lawsuits Involving Multiple Defendants

In the current workplace, the increasing number of lawsuits involving multiple defendants has become rampant. As a result, this has witnessed discriminatory in the lawsuit representation especially between the worker and the employee. The multiple party litigation in a workplace proves to be an ethical concern that arises complex ethical problems. It leads to questioning of vital factors such as whether there has to be the provision for representation and or indemnification of individual workers (Savage, 2002). Besides, the impact this joint representation has on the attorney-client relationship is worth understanding. Perhaps, a more striking concern is the propriety of joint defense agreements especially when one client offers less fee compared to the other party (Girgenti, 2012). As such, many workers are increasingly getting involved in multiple defendant employment multi-representation without a guaranteed of whether their issues will be addressed accordingly. It has to be agreed that, before one gets to represent multiple parties in a lawsuit, the council has to consider the stipulate circumstances carefully. More critically, this factor is influenced by personal interests, and thus the other party is likely to be underrepresented. The outcomes of such a provision are indeed severe. Notably, when the interest is seemingly when the aligned parties diverge, the council is supposed to be disqualified from representation of the two parties (Girgenti, 2012).

Unsettling Ethical Concerns in Employment

Thus, this critical aspect of multiple representations reveals unsettling ethical concerns in employment. Although the law allows joint representation in the criminal defendant, many incidences emanating from conflicts of interest could compromise the right of the person being represented. The problem of dealing with this obstacle arises from competing for the rights of the defendant and self-interest including monetary gain (Edwards, 2012). It has to be noted that every individual whether it is the employer or the employees is subject to equal protection and has to be shielded from any ineffective misrepresentation from the council. Any aspect that proves ineffective should be addressed. Due diligence inquiry has to be done in avoiding conflict of interest and promotion of equal rights. Suggestions have to be made and find a solution to this problem. Recommendations are that this Law should be abolished altogether and embrace single representation.

References

Edwards, M. (2012). Employment Law – Ethical employment practices. Amicus Curiae, 1998(5). http://dx.doi.org/10.14296/ac.v1998i5.1603

Girgenti H. Richard (2012). Problems of Joint Representation of Defendants in a Criminal Case. St. John’s Law Review. Retrieved on October 28, 2017 from http://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=2368&context=lawreview

Savage Janet. (2002). Conflicts of Interest Issues in Simultaneous Representation of Employers and Employees in Employment Law. American Bar Association.