Under some circumstances, the attorney should not undertake joint representation of parties to a buy-sell agreement, or of other persons interested in the agreement, even if the disclosure and consent requirements of the Rules of Professional conduct have been met.
Although obtaining informed written consent may allow the attorney to represent multiple parties in a given conflict situation, practicial considerations, e.g., the number of clients involved and the difficulty in communicationg with them, will often dictate a different result.
Similarly, if there is an actual conflict that will probably be litigated, or if it is likely that the parties' interests or the parties themselves will become hostile in the future, the attorney may be forced to withdraw from representing any of the parties, even if disclosure was made and consent obtained.
(Even if inform conset is obtained, counsel may still be disqualified when an actual, present conflict exists at hearing or Trial). In these circumstances, the client's best interests may require the attorney to suggest that all parties seek independent counsel.
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