Multiple Representation - A Defense Perspective (From Pre-Indictment Tactics in Criminal Cases, P 309-349, 1982 - See NCJ-84756)

• NCJ Number: 84761
• Author(s): L B Finegold; H H Chamberlin
• Date Published: 1981
• Length: 39 pages
• Sale Source: Practicing Law Institute
• Language: English
• Country: United States of America

Annotation

This discussion of a defense perspective in multiple representation considers the pros and cons of multiple representation, defense opposition to prosecution requests for separate defense counsel, postconviction review standards that defense counsel must meet, and multiple representation of grand jury witnesses.

Abstract

Charges of 'conflicting interests' and 'ineffectiveness' in advocacy are likely to follow a conviction where the appealing defendant shared an attorney with one or more of his/her codefendants. Despite its numerous disadvantages, multiple representation has some advantages in some types of cases. Joint representation is a means of ensuring against reciprocal recrimination. A common defense often give strength against a common attack. Because there are tactical advantages to multiple representation of defendants in some types of cases, the prosecution may move to disqualify defense attorneys representing multiple clients in the same cases; however, the reluctance of courts to disqualify defense counsel in the grand jury context, where the witness has no sixth amendment right to counsel and the prosecution's investigative interests are given greater weight, suggests that courts will order separate counsel hesitantly. A defendant involved in multiple representation where a conviction ensued must prove on appeal the existence of an actual conflict of interest and that this conflict caused his/her lawyer's performance to differ, at the defendant's expense, from what it would have been otherwise. There are greater advantages to multiple representation before rather than after indictment, because it may contribute to the termination of the investigation, may cause the Government to aid one or more of counsel's clients in a way it would not have if each had been separately represented, and may result in governmental disclosure of valuable information about the direction of the investigation and status of the clients. A total of 102 footnotes is provided.