The Feasibility of Representation of Both litigants by One Attorney in American Legal System with a Glance on Iranian Law

Document Type : Original Article

Author

Assistant Professor of Departement of Private Law, Sari Branch, Islamic Azad University, Sari, Iran.

Abstract

Objectives: The objective of this article is a study of the possibility of representation of persons with conflict interest by one attorney in litigation Simultaneously or Asynchronously.
Methods: The method of study in this article is descriptive-analytical.
Results: In American law-in which the representation of conflicting interests in the litigation is considered a matter related to the procedure- although it prohibited the attorney from taking actions that would place him simultaneously or asynchronously in such a situation between two or more clients, on the basis of breach of the Constitutional right, loyalty, confidentiality and Appearance of Impropriety, have prescribed it in the presence of informed consent exceptionally. It has been raised in the jurisprudential records of Iranian positive law as a substantitve matter. Although some jurists based on the existence of the requirement of representation and it's analogy with prescribing requirement of Simultaneously civil agency for the parties in concluding a contract, they absolutely accepted the possibility of representing them by a single attorney, another group based on the ineffectiveness of the essnce of representation of parties in dealing with obstacles such as the need to avoid harming both clients and using outmost degree of effort to repel the opponent, they rejected it absolutely. In Iranian positive law, the representation of a single attorney from persons with conflicting interests in litigations simultaneously or Asynchronously is generally prohibited.
Conclusion: In spite of prohibiting the representation from persons with conflicting interests by one attorney in Iranian positive law in general, the uppermost and inspiring rule of "kept contracts" renders the possibility of accepting such representation in a limited way inferrable, and from this point of view, Iranian law is approaching to American one.

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History

  • Receive Date: 07 April 2024
  • Revise Date: 03 July 2024
  • Accept Date: 18 September 2024

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