This article does not discuss specific situations as to whether it is appropriate to represent multiple passengers or determining whether or not a conflict of interests exists and whether or not a conflict may be waived, as those must be done on a case-by-case basis. They are discussed by the Florida Bar Professional Ethics Committee in Opinion 02-3 . The Rules Regulating The Florida Bar 4-1.7 have changed since said Opinion was issued so it is necessary to apply the most recent Rules Regulating The Florida Bar regarding conflicts of interest to said Opinion.
When representation of multiple clients in a single matter is undertaken, the consultation shall include explanation of the implications of the common representation and the advantages and risks involved. After consultation with a client in a car accident matter when I will be representing both driver and passenger(s), I will ask all parties whom I will represent to verbally give me his/her knowing consent and waiver of conflict.
It may be the better practice for these consents to be obtained in writing and for the parties to be given the opportunity to consult with independent counsel before waiving an actual conflict. (Florida Bar Professional Ethics Committee Opinion 02-3). If the client does give a verbal knowing consent and waiver of conflict, I will have the client sign a knowing consent and waiver of conflict form. The implications, advantages and risks are outlined in the knowing consent and waiver of conflict form.
I will modify the knowing consent and waiver of conflict form as appropriate based on whether there is a driver – as opposed to just representing the passengers – involved in the car accident. Most knowing consent waiver of conflict forms that I have seen do not go into detail about the implications of the common representation and the advantages and risks involved. I will be posting a knowing consent and waiver of conflict form soon.