Chapter 3 - § 3.8 ETHICAL CONSIDERATIONS

• Jurisdiction: Colorado

§ 3.8 Ethical Considerations

§ 3.8.1 Forum Shopping

What are the parameters for guiding counsel's strategic pursuit of a favorable forum? In attempting to most zealously represent the client, counsel is presented with a variety of opportunities to "forum shop." These opportunities include motions to change venue or transfer the case to another court, removing the case to a different court, and challenging the judge on the grounds that he or she is not impartial. Some parties will go so far as to file another, almost identical action in another jurisdiction that they believe more favorable, taking the offensive, after being sued in the original court. Counsel must be mindful of their obligation to not only zealously represent their client, but also to proceed ethically.

§ 3.8.2 Representation of Multiple Parties

A lawyer is prohibited from representing multiple parties in a case if the representation of one client will be directly adverse to the interests of another client, unless:

(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; (2) the representation is not prohibited by law; (3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and (4) each affected client gives informed consent, confirmed in writing.¹²³

The lawyer must fully explain the implications of the common representation and the advantages and risks involved, as well as "reasonably available alternatives."¹²⁴ See Form 3-11: Letter to Potential Client—Joint Representation, Consent, and Waiver.

§ 3.8.3 Insured-Insurer Representation: Identifying the Client

Sometimes when an...