Can an Attorney Represent Co-defendants? United States Supreme Court May Decide.
In many states, it is legal for two co-defendants in a crime to retain the same attorney. However, this is not the ideal situation because it is ripe for conflicts of interest. Co-defendants in a criminal case likely have information about the other defendant that can be detrimental to their case and will oftentimes “flip” on their codefendant. It can be difficult for an attorney to represent both codefendants competently and diligently as required. The American Bar Association advises against representing co-defendants, but there is no general law forbidding it. The Supreme Court could change this. The case of Holcombe v. Florida is pending before the Supreme Court and asks the Court whether an “actual” conflict of interest that adversely affects counsel’s representation when the attorney engages in “joint and dual” representation – i.e., simultaneously representing both the defendant and a key prosecution witness during a trial.
What happened in Holcombe v. Florida?