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Joint Representation and Insurer-Paid Counsel

·

By

ACL

The short answer

One lawyer can sometimes represent several clients in the same matter, such as a company and its owner, if their interests align and each gives informed consent. Joint clients generally share information, and a later conflict can force the lawyer to withdraw.

Where it fits in your case

At the start of representation, and if the clients’ interests begin to diverge.

What to expect

  • Shared information. Joint clients usually cannot keep secrets from each other in the matter.

  • Settlement decisions belong to each client; disagreement can end the joint arrangement.

  • Insurer-paid counsel. When an insurer pays, the insured remains the client, and the lawyer’s duties run to the insured (Rule 1.8(f)).

What we need from you

Agreement among all clients on goals, and prompt notice if positions change.

Common misconceptions

  • “Joint representation saves money with no downside.” A later conflict can cost more.

  • “The insurer is the client because it pays.” The insured is the client.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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