The Florida Bar

February 16, 1973

A lawyer may not represent multiple clients in the same criminal case if proper representation of any one of the clients would include efforts to obtain immunity.

Statute: 18 U.S.C. §§1952 and 2421

Vice Chairman Daniels stated the opinion of the committee:

A lawyer represents seven clients who have been subpoenaed to appear before a federal grand jury in connection with an investigation to determine whether someone has violated 18 U.S.C. Section 1952 or Section 2421. The United States Attorney has indicated that he only intends to prosecute some of the clients and may seek immunity for the others. The lawyer inquires as to whether he may continue to represent all seven clients under such circumstances. The question must be answered in the negative. Proper representation of any one client would of necessity include efforts to obtain immunity, creating an immediate conflict of interest as to all other clients.

[Revised: 08-24-2011]