Joint Representation — Conflicts of Interest — Waiver -

Foltz v. Columbia Casualty Company, 2016 WL 4734687 (W.D. Ok. 2016) -

Risk Management Issue: Can client A's waiver, given with informed consent, permitting lawyer to represent client A jointly with client B in the same matter be effective to permit lawyer's continued representation of client B in the future should lawyer no longer represent client A, where such continued representation will or may be adverse to now former client A?

The Case: Christopher Foltz (Foltz) and Ryan Cummings (Ryan) (collectively "Plaintiffs") were injured in an automobile accident with Zachary Owen (Owen), who had allegedly crossed the road's center line into Plaintiffs' lane. Foltz and Ryan suffered injuries and incurred substantial medical expenses.