Navigating the Complex Landscape of Multiple Party Representation in Employment Litigation
In their latest analysis for the New Jersey Law Journal, Steven I. Adler, Partner, and Beverly Nwanna, Associate, at the Mandelbaum Barrett PC Employment Litigation Practice Group, delve into the intricacies of representing multiple parties in employment litigation cases. Their article sheds light on the often-overlooked legal and ethical considerations that come into play when lawyers choose to represent more than one client, whether as plaintiffs or defendants, in employment disputes.
The legal framework surrounding employment litigation is complex, particularly when cases involve multiple plaintiffs or defendants. This complexity is not only due to the intricacies of the law itself but also because of the ethical considerations that must be taken into account before agreeing to such engagements.
One key aspect of their analysis focuses on the representation of multiple plaintiffs. While the collective representation may seem advantageous at first, given the potential to strengthen a case by corroborating claims, it also introduces significant risks. For instance, discovery may reveal weaknesses in one client’s case that could negatively affect the overall lawsuit. Furthermore, the division of settlement funds among plaintiffs can become contentious, particularly if the available resources are limited.
Adler and Nwanna also discuss the challenges of representing multiple defendants, a scenario that often arises when employees sue both their employer and individual executives. While such dual representation can be cost-effective, it may lead to conflicts of interest if undisclosed information surfaces during the case. The article outlines the legal obligations and ethical standards that lawyers must navigate to ensure fair representation for all parties involved.
The New Jersey Law Journal article serves as a cautionary guide for attorneys considering the representation of multiple parties in employment litigation. Through a detailed examination of the legal and ethical issues at play, they underscore the importance of conducting thorough due diligence before undertaking such representations.
If you have a subscription to AML Law you can access the full article here.