Everyone charged with a crime is entitled to an independent lawyer. This means a lawyer who is free from an actual or potential conflict of interest.
Generally, it is advisable for each defendant to have his or her own lawyer. A lawyer cannot have dual loyalties. You and your sister are charged with selling drugs to others. Your lawyer must be able to keep your interests paramount and not have to consider what may or may not be best for your sister.
Suppose, for example, the prosecution wants to offer both of you a deal in exchange for providing information against your drug source. What if you want to provide the information and your sister doesn\\\\\\\'t? Or, what if the evidence is stronger against your sister than it is against you and you are offered a deal to cooperate against your sister? How can a lawyer who represents both of you advise you to take or not take the deal?
Criminal liability is individual. A lawyer must be able to exercise independent judgment on behalf of his or her client. This is very difficult to do when representing more than one defendant in the same case.
There are exceptions to this general principle. In some circumstances, the right to conflict-free representation can be waived. I suggest each of you consult with experienced independent counsel before deciding whether to waive this important right and use the same lawyer.
Answered on Sep 10th, 2002 at 12:55 AM