ADOPTED | Legal Ethics Opinion 1894, Conflict of Interest: Representing
Multiple Infant Claimants by “Next Friend.”
Approved by the Supreme Court of Virginia April 20, 2022. Effective
immediately.
April 22, 2022:
On April 20, 2022, the Supreme Court of Virginia adopted Legal Ethics Opinion
1894, Representing Multiple Infant Claimants by “Next Friend” effective
immediately.view the Court's Order(PDF)
February 28, 2022:
At its meeting on February 26, 2022, Council unanimously approved draft Legal
Ethics Opinion 1894: Representing Multiple Infant Claimants by “Next Friend.”
The proposed opinion was presented to the Supreme Court of Virginia for
approval on March 1, 2022.
view petition to the Court(PDF)
January 20, 2022
On January 20, 2022, the Standing Committee on Legal Ethics voted to send LEO
1894 to Bar Council for approval at its February 26, 2022, meeting.
November 22, 2021
VSB Seeks Comment on Conflict of Interest in Representing Multiple Infant
Claimants
The Virginia State Bar’s Standing Committee on Legal Ethics (Committee) is
seeking public comment on proposed advisory
Legal Ethics Opinion 1894, Conflict of Interest: Representing Multiple Infant Claimants by “Next
Friend.”
This proposed opinion addresses the possible conflicts of interest when a
lawyer represents multiple children concurrently against the same tortfeasor,
and under what circumstances and by whom those conflicts can be waived.
The Committee concludes that the prospect of limited funds available for
recovery, or the possibility of an aggregate settlement offer, does not
necessarily prevent a single lawyer from representing multiple clients against
a single tortfeasor. Provided the requirements of Rule 1.7 can be met, a
lawyer can represent multiple clients seeking limited funds. If an aggregate
or interdependent settlement is proposed, the lawyer must comply with Rule
1.8(g), including disclosure to all clients of how the settlement will be
allocated among the clients.
Because the clients in this proposed opinion are minors, they are not able to
provide the necessary informed consent themselves. Thus, the proposed opinion
concludes that the next friends of the minors can give consent at the outset
of the case. Any settlement or litigation would require a guardian ad litem be
appointed to give consent to the multiple representation and the division of
the settlement proceeds among the children.
Inspection and Comment
View complete proposed advisory opinion..
Any individual, business, or other entity may file or submit written comments
in support of or in opposition to the proposed opinion with Karen A. Gould,
Executive Director of the Virginia State Bar, not later than January 7, 2022.
Comments may be submitted via email to
[email protected].