While it is common for one attorney to represent both members of a couple in planning their estates, the couple should be aware that it is possible that a conflict could arise during representation: When one attorney represents both (or more) parties to a matter, all information obtained by the attorney will or may be shared with each party the attorney represents in the same matter. Essentially, nothing shared with the attorney should be considered a secret from any other party the attorney represents in the matter. Ordinarily the attorney will apprise the couple at the outset of representation of the possibility of a conflict of interest and the parties must agree to proceed despite the future possibility of a conflict. Also, the attorney must conclude that joint representation will not adversely affect his or her relationship with either client. Usually the interests of a couple in planning their estates are sufficiently aligned to make joint representation appropriate. If, however, either party or the attorney later concludes that a conflict does or may come to exist, the attorney must cease representing the couple and either party.
