Q: should a lawyer represent driver and passenger if only the passenger sustained injuries
A: Usually a lawyer shouldn't represent both driver and passenger because there's a possibility, or at least an argument might be made, that the driver is at fault or at least partially at fault. Obviously it's a conflict of interest if the lawyer represents the driver, well at the same time representing the passenger against the driver. A passenger's attorney should be considering all Avenues of recovery. This eans against the driver of the vehicle he's in in the other vehicles that were involved in the accident.
"Can" a lawyer represent both parties? Yes, as long as each client signs a Waiver of Conflict of Interest.
"Should" a lawyer represent both parties? There is an inherent conflict of interest.
A: It's generally possible for a lawyer to represent both the driver and the passenger, even if only the passenger sustained injuries. However, potential conflicts of interest should be carefully evaluated and addressed. The attorney must prioritize the best interests of both clients and ensure that any potential conflicts do not compromise their legal representation.
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