professional ethics

1. ETHICAL IMPLICATIONS OF
INFORMAL AGGREGATION- AN
INTERNATIONAL PERSPECTIVE
Presented By-
Gaurangi Sharma
UG17-38

2. INDEX
• Introduction
• Informal aggregation
• Need of informal aggregation
• Affect on lawyer-client relationship
• Indian Perspective- An empirical study
• Way Forward
• Conclusion

3. HYPOTHESIS
• “Informal aggregation directly affects lawyer-client
relationship and is a double-edged sword.”

4. Informal aggregation
• Plaintiff Coordination
Coordination of multiple plaintiff by a single lawyer/firm.
Coordination among separate plaintiffs’ lawyers
Central group of lawyers (ATLA)
• Defendant Coordination
Single party defending multiple similar actions
Coordination among multiple defendants, (Ward v. Ford Motors)
Joint defense agreements

5. Need for informal aggregation
• Inadequacy of formal aggregation.
Permissive joinder Compulsory joinder
Intervention Consolidation
Procedural rules

6. Affect on lawyer-client relationship
Loyalty
Confidenti
ality
Conflict
of
Interest
1. Eisennerg v. Gagnon , 766 F.2d (3d Cir. 1985).
2. American Law Institute’s Restatement of the
Law Governing Lawyers (Common Interest
Doctrine)
3. Essex Chemical Corp. v. Hartford Accident
and Indemnity Co, 975 F. Supp. 650 (D.N.J.
1997).

7. Best of Both Worlds
Written agreement
1. Duty of confidentiality
2. Clarification of exceptions w.r.t
other duties.
3. Relatively clear contractual basis.
Formal informal
Aggregation
1. Explicit guidelines and
duties for coordinating
lawyers.
2. Eg: ATLA members.

8. Indian Perspective
• 5 participants: Lawyers from Delhi High Court/Supreme Court (L1, L2, L3, L4, L5)
1. Do you think Informal Aggregation (Coordination between lawyers in similar cases) prevails
within the Indian Legal system? State reasons.
2. Do you believe Informal Coordination between lawyers of plaintiffs and/or defendants poses a
serious threat to Attorney-Client Privilege of each client and attorney? State reasons.
3. Should coordinating lawyers owe any loyalty to the clients of others in the group?
4. Which option in your view overweighs the other in practical sense:
• Advantages of counsel coordination in reaping better decision in the case
• Lawyer-Client relationship with undivided loyalty
5. State reasons for your answer.

9. • Attorney-client privilege is the jewel of a lawyer that he ought to maintain, and the thread of these
jewels is the sanctity of the case at hand, which ought not to be compromised with. Ultimately, any
threat to this precious chain should be averted in any manner possible.
• The primary duty of a lawyer is secure its privilege with the client. To do otherwise would defeat
the seven lamps of advocacy, therefore one must coordinate with other lawyers, if necessary, but
not by compromising the lawyer-client relationship, as there will be many more cases where this
relationship must stand the test of time.

10. Conclusion
• Lawyers with similarly situated clients tend to coordinate their efforts. Just as they coordinate when
their clients are co-plaintiffs or co-defendants within a single lawsuit, so do they coordinate when
their clients are parties to separate actions.
• One must not resist formal lawyer coordination structures on the misguided assumption that clients’
interests are adequately protected by their own lawyer’s involvement.
• The real question, given that lawyers do handle related cases on a coordinated basis, is whether we
should opt for aggregation with formal safeguards or without.
• The researcher’s hypothesis stands partially correct.