Generally a legal conflict can be described as two (2) or more accused employees with adverse interests. The difficultly in representing employees with adverse interests is that in order to successfully defend one employee, it is necessary to advocate that other accused employees are responsible for the conduct in question. Generally, an attorney may not represent clients with adverse interests. There are exceptions which permit attorneys to represent clients with potential or an actual conflict provided there is written informed consent of all clients. Some cases or some stages of disciplinary proceedings do not lend themselves to multiple representation by the same attorney even with written informed consent. If a conflict of interest exists, which is incapable of being resolved by written informed consent, the affected employees must consult with CSLEA Legal to determine:
- Whether there is an actual legal conflict;
- Whether the conflict is capable of being resolved by written informed consent of all employees;
- If the conflict is not capable of resolution by written informed consent, which outside attorney(s) will be appointed as conflict counsel.