A joint retainer is one in which a lawyer or paralegal agrees to advise or represent more than one client in a matter or transaction.
In a joint retainer, no information received in connection with the matter can be treated as confidential as between the joint clients (
Rules, r. 3.4-5;
Paralegal Rules, r. 3.04(6)). If one of the joint clients instructs you to withhold the information from the other joint client(s), you may be in a conflict of interest. The conflict arises because following the client’s instructions would result in a breach of your obligation under the
Rules or
Paralegal Rules to share information with all clients in the joint retainer. If the client persists in his/her instructions not to disclose the information to the other joint client(s), you would be required to withdraw from representing all clients (
Rules, rr. 3.4-5(c), 3.7-7 and 3.7-9;
Paralegal Rules, rr. 3.04(6)(c), 3.08(5) and (11)).
Lawyers or paralegals contemplating accepting a joint retainer should consult the Law Society’s Steps for Dealing with the Joint Retainer Rules (for
Lawyers and
Paralegals).