I have checked my State Bar Rules. I agree with your
analysis that the firm is conflicted and the conflict imputes to all lawyers in
the firm. The only way to move forward with a knowing consent of the client.
Michigan suggests looking at the matter from a disinterested attorneyâs
perspective as if that attorney was advising the client based on the known
facts of the case. I have done that and feel do not feel particularly
troubled. The co-defendants in Hamdaniya were all represented by lawyers from
within my office and by civilians who cooperated as if they were in the same
firm. We signed agreements to cooperate which required all attorneys to notify
all other parties when plea negotiations began and to immediately withdraw from
further cooperation and information sharing. In sum I feel like with a voluntary
waiver we can offer representation to both.
I have drafted a waiver letter based on some recommended
language from the Michigan Bar.
Haytham Faraj, Esq.
PUCKETT & FARAJ, PC
WASHINGTON DC× SAN DIEGO × DEARBORN
www.puckettfaraj.com
888.970.0005 Toll Free
202.280.1039 Fax
The information
contained in this electronic message is confidential, and is intended for the
use of the individual or entity named above. If you are not the intended
recipient of this message, you are hereby notified that any use, distribution,
copying of disclosure of this communication is strictly prohibited. If you
received this communication in error, please notify Puckett & Faraj, P.C.
at 888-970-0005 or via a return the e-mail to sender. You are
required to purge this E-mail immediately without reading or making any copy or
distribution.