Can a Lawyer Represent the Driver and Passenger in a Car Crash?

It depends! If there can be no allegation of fault on the driver, yes (e.g. rear-end crash) but if there can be, then
no.

Rule 1.7 Prevents “concurrent”
conflicts of interest – if the representation of one client is directly adverse to another client or if there is a
significant risk that representation will be “materially limited” by lawyer’s responsibilities to another client.

Even with concurrent conflict of interest, the attorney can still represent both if:

Reasonable belief the attorney will provide competent and diligent representation;
Representation that is not prohibited by law;
The representation does not involve the assertion of a claim by one client against another client
Each affected client gives informed consent.

BE CAREFUL! – “Representation of clients whose interests are directly adverse in the same litigation
constitutes the most egregious conflict of interest.” State ex rel. Horn v. Ray, 325 S.W.3d 500
(Mo.App. E.D. 2010).

Safest practice: Refer the better case to your friends at Burger Law. You cannot risk a comparative fault instruction
against the driver.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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