Attorney Conflicts of Interest in Multiple-Defendant Criminal Cases

When a crime involves more than one defendant, questions often arise about whether the same attorney, or even the same law firm—can represent multiple people accused in the same case. While it may seem convenient for co-defendants to share counsel, this arrangement raises serious concerns about conflicts of interest. Washington law, as well as the Rules of Professional Conduct (RPC), strictly limits an attorney’s ability to represent more than one defendant in the same criminal matter.

What Is a Conflict of Interest?

A conflict of interest occurs when a lawyer’s duty to one client is compromised by competing duties to another client, to a former client, or even by the lawyer’s own personal interests. In criminal defense, conflicts most often arise when an attorney attempts to represent two or more co-defendants whose interests may not align. The issue is not simply theoretical. Even if defendants appear to be on the same side at the beginning of the case, their defenses may diverge as evidence develops.

Why Multiple Representation Creates Risk

Representing multiple defendants in the same criminal case can create several problems:

  1. Blame-Shifting: Co-defendants often claim the other person was more responsible or solely responsible for the crime. An attorney cannot ethically argue both positions.
  2. Unequal Evidence: One defendant may have a prior record or incriminating statements, while another has a cleaner record. The defense strategy that helps one client may harm the other.
  3. Plea Negotiations: The State may offer a favorable plea deal to one defendant in exchange for testimony against the other. An attorney cannot negotiate such a deal fairly while representing both parties.
  4. Confidentiality: A lawyer has a duty to keep each client’s information confidential. But when representing co-defendants, it becomes impossible to use confidential information from one client without potentially harming the other.

The Rules of Professional Conduct

Under Washington’s Rules of Professional Conduct, particularly RPC 1.7 (Conflict of Interest: Current Clients), an attorney must avoid representation that creates a significant risk that the representation of one client will be materially limited by responsibilities to another client.

Courts carefully scrutinize situations involving multiple representation in criminal cases. Judges may even inquire directly into potential conflicts during pretrial hearings to protect the defendants’ constitutional right to effective assistance of counsel.

What Courts Do in These Situations

If a potential conflict exists, the court may:

  • Disqualify the attorney from representing both defendants.
  • Require separate counsel for each defendant to ensure their rights are protected.
  • Conduct a conflict inquiry, allowing defendants to waive the conflict if the risk is minimal.

However, in many cases, especially serious felonies, courts are reluctant to allow waivers because of the high risk of divided loyalties.

Protecting a Defendant’s Rights

Every defendant is entitled to loyal, conflict-free representation. When multiple defendants face charges, it is almost always in each individual’s best interest to have separate counsel. Independent attorneys can pursue strategies that are fully aligned with their client’s best defense, without worrying about divided loyalties.

Conflicts of interest are a serious issue in multiple-defendant criminal cases. The same lawyer cannot serve two masters when their defenses or legal strategies are likely to diverge. If you or a loved one are facing charges alongside other defendants, it is crucial to secure your own legal representation to protect your rights and ensure your defense is not compromised. At the Law Office of Erin Bradley McAleer, we provide skilled, aggressive defense tailored to each client’s unique circumstances. If you are involved in a case with multiple defendants, contact us today to discuss your options in a confidential consultation.