Chapter 3 - FORM 3-11 : LETTER TO POTENTIAL CLIENT—JOINT REPRESENTATION, CONSENT, AND WAIVER

• Jurisdiction: Colorado

Form 3-11: Letter to Potential Client—Joint Representation, Consent, and Waiver

[date]

VIA E-MAIL (OR FACSIMILE)

[name of individual defendant]
[address of individual defendant]

Re: [case name and/or subject of litigation]

Dear [name of individual defendant]:

[Name of corporate defendant] has asked us to defend you and [name of corporate defendant] in the above-referenced case. Plaintiff alleges [describe allegations]. Based on our initial review of the case, it appears that your interests are consistent with those of [name of corporate defendant] and that it is unlikely that your interests will conflict. We believe that we can defend you along with [name of corporate defendant] in this case. Furthermore, it is advantageous if we represent both parties so that, where possible, a consistent defense can be presented.

We are willing to defend both defendants in this case if the parties consent to such joint representation and waive any potential and actual conflicts of interest that may exist now, or arise hereafter, as a result of the foregoing matters. Further, the parties will have to waive attorney-client privilege as between each other, and agree that they will share information with one another. You must also agree that if, in the sole judgment of [name of corporate defendant], the interests of [name of corporate defendant] in this case materially diverge from, or become adverse to, your interests, we shall withdraw from representing you and shall continue to represent [name of corporate defendant]. In that event, [name of corporate defendant], in all likelihood, would engage separate counsel to defend you. If the parties' interests materially diverge or become adverse, we will notify both parties and advise you to retain a separate lawyer. In the event of a conflict arising during this representation, please be advised that it is possible that having to retain new counsel at a later date could cause additional expenses and fees. Additionally [provide a disclosure and discussion of the potential conflicts that may arise, the risks and advantages and any other possible repercussions of the joint representation, including any possible effects on the attorney client privilege, loyalty and confidentiality].

Should you have any questions regarding this letter or the consent and waiver, please discuss them with your own counsel before signing the consent and...